SMIGO v. NYP HOLDINGS, INC.

4088, 108756/08.

80 A.D.3d 516 (2011)

915 N.Y.S.2d 259

LYNSI SMIGO, Appellant, v. NYP HOLDINGS, INC., et al., Defendants, and COLLINS COMMUNICATIONS, INC., et al., Respondents.

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

Decided January 20, 2011.


The motion court properly dismissed the causes of action alleging slander per se and a violation of Civil Rights Law § 77. Plaintiff maintained that defendant Hayden committed slander per se by telling someone at the New York Post that he had viewed a video showing plaintiff having sex with a public figure. However, once defendants moved for summary judgment and submitted Hayden's affidavit in which he stated that he had told an employee of the paper that he had not...

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