Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that the branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the first cause of action alleging libel is denied.
The defendant allegedly published an e-mail wherein he stated, among other things, "Gerry and [plaintiff Joseph Suarez] are thieves as far as I am concerned." The Supreme Court concluded that the statement was an expression of "pure opinion...
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