WEISS v. LOWENBERG

Nos. 6500, 6501, 6502, 117716/09.

95 A.D.3d 405 (2012)

944 N.Y.S.2d 27

2012 NY Slip Op 3366

MICHAEL C. WEISS et al., Appellants, v. TERRENCE LOWENBERG et al., Defendants, and DENNIS KONNER et al., Respondents.

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

Decided May 1, 2012.


Plaintiffs allege, inter alia, that defendants defamed them by accusing them, at a real estate closing at which third parties were present, of signing and filing a perjurious and fraudulent probate petition. The defamatory statements and allegations of malice set forth in the complaint were sufficient to state a claim for slander per se. Although allegations of malice may not rest on mere surmise and conjecture, on a motion to dismiss, plaintiffs are not obligated to show...

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