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CHOLOWSKY v. CIVILETTI

2007-08848.

69 A.D.3d 110 (2009)

887 N.Y.S.2d 592

MICHAEL CHOLOWSKY, Appellant-Respondent, v. DENISE CIVILETTI et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 6, 2009.

Attorney(s) appearing for the Case

Sullivan Gardner, P.C., New York City (Peter Sullivan of counsel), for appellant-respondent.

Levine Sullivan Koch & Schulz, LLP, New York City (David A. Schulz of counsel), for respondents-appellants.

DILLON, J.P., ANGIOLILLO and LEVENTHAL, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

At issue here is whether the plaintiff's action to recover damages for libel based upon the publication of two articles by the defendant Times/Review Newspapers Corporation (hereinafter the defendant newspaper), which were written by the defendant Denise Civiletti, was properly dismissed.

In 2004 the plaintiff obtained a permit from the New York State Department of Environmental Conservation (hereinafter DEC) to...

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