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GREENBERG v. SPITZER

2014-07682. Index No. 1436/13.

155 A.D.3d 27 (2017)

62 N.Y.S.3d 372

2017 NY Slip Op 06432

MAURICE R. GREENBERG, Respondent-Appellant, v. ELIOT L. SPITZER, Appellant-Respondent.

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

Decided September 13, 2017.

Attorney(s) appearing for the Case

Levine Sullivan Koch & Schulz, LLP, New York City ( Jay Ward Brown of counsel), for appellant-respondent.

Boies, Schiller & Flexner LLP, Armonk ( David Boies , Nicholas A. Gravante, Jr. , Robert J. Dwyer and Amy L. Neuhardt of counsel), for respondent-appellant.

DILLON, J.P., AUSTIN and MILLER, JJ., concur.

OPINION OF THE COURT

This appeal presents an opportunity to discuss in some detail the proper application of CPLR 3211 (a) (1) and (7) in the context of an action sounding in defamation.

I. Background

The plaintiff, Maurice R. Greenberg, is the former chairman and chief executive officer of American International...

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