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RUBIN v. NAPOLI BERN RIPKA SHKOLNIK, LLP

4322N. 154060/15.

151 A.D.3d 603 (2017)

2017 NY Slip Op 05054

58 N.Y.S.3d 320

DENISE A. RUBIN, Respondent, v. NAPOLI BERN RIPKA SHKOLNIK, LLP, et al., Defendants, and PAUL J. NAPOLI, Appellant.

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

Decided June 20, 2017.

Because the notice of appeal was limited to "the defamation and defamation per se causes of action," we cannot consider defendant's arguments relating to the motion court's denial of leave to amend his answer to assert counterclaims for intentional and negligent infliction of emotional distress (see D'Mel & Assoc. v Athco, Inc., 105 A.D.3d 451, 453 [1st Dept 2013]).

As to the proposed defamation counterclaims, defendant...

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