KNUTT v. METRO INTERNATIONAL, S.A.

2011-03938

91 A.D.3d 915 (2012)

938 N.Y.S.2d 134

2012 NY Slip Op 754

JAYDEN KNUTT et al., Appellants, v. METRO INTERNATIONAL, S.A., Respondent.

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

Decided January 31, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the cause of action alleging defamation is denied.

The verified complaint alleged that, in April 2009, a photographer for the defendant, Metro International, S.A. (hereinafter Metro), photographed the infant plaintiff, a 10-year-old African-American child, as he paused to look at a crime scene...

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