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GARY NULL & ASSOC v. PHILLIPS

110508/09

29 Misc.3d 245 (2010)

906 N.Y.S.2d 449

GARY NULL & ASSOCIATES, INC., Plaintiff, v. LEE PHILLIPS, Defendant.

Supreme Court, New York County.

Decided June 28, 2010.

Attorney(s) appearing for the Case

Levine Sullivan Koch & Schulz, LLP, New York City ( Nathan Siegel and Nicole A. Auerbach of counsel), for defendant.

Leslie Fourton , New York City, for plaintiff.

OPINION OF THE COURT

JOAN A. MADDEN, J.

In this action for defamation based on Internet communications, defendant moves for an order pursuant to CPLR 3211 (a) (5), (7) and (8) dismissing the complaint for lack of personal jurisdiction, for failure to state a cause of action and as time-barred by the statute of limitations.

Plaintiff Gary Null & Associates, Inc. commenced the action on July 24, 2009. The complaint alleges that defendant Lee Phillips...

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