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ROSENTHAL v. MDX MEDICAL, INC.

2015-08016, Index No. 16519/14.

152 A.D.3d 811 (2017)

2017 NY Slip Op 05865

60 N.Y.S.3d 61

SHELDON ROSENTHAL, M.D., Appellant, v. MDX MEDICAL, INC., Doing Business as VITALS.COM, Respondent.

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

Decided July 26, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action alleging that the defendant operated a website that repeatedly misidentified the plaintiff as deceased. The complaint sought to recover damages for defamation, negligence, and prima facie tort. The complaint did not allege any special damages. The defendant moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action. The Supreme Court granted...

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