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DAVIS v. BOEHEIM

No. 145

24 N.Y.3d 262 (2014)

22 N.E.3d 999

998 N.Y.S.2d 131

2014 NY Slip Op 07083

ROBERT DAVIS et al., Appellants, v. JAMES BOEHEIM et al., Respondents.

Court of Appeals of New York.

Decided October 21, 2014.

Attorney(s) appearing for the Case

Cuti Hecker Wang LLP, New York City ( Mariann Meier Wang of counsel), and Allred, Maroko & Goldberg, Los Angeles, California ( Gloria Allred of counsel), for appellants.

Debevoise & Plimpton LLP, New York City ( Helen V. Cantwell , Mary Beth Hogan , Andrew M. Levine and Miranda H. Turner of counsel), Dinsmore & Shohl LLP, Pittsburgh, Pennsylvania ( C. James Zeszutek of counsel), and Hancock Estabrook, LLP, Syracuse ( Janet D. Callahan and Timothy P. Murphy of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and ABDUS-SALAAM concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

On this appeal from a pre-answer dismissal of plaintiffs' defamation action, we conclude that the challenged statements are reasonably susceptible of a defamatory connotation, and not otherwise privileged, nonactionable "pure opinion." Therefore, we reverse...

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