ELIAS v. MASSIMILLO

2016-04754. Index No. 10701/14.

166 A.D.3d 726 (2018)

85 N.Y.S.3d 775

2018 NY Slip Op 07701

Yeheskel Elias et al., Appellants, v. Jeanne Massimillo, Formerly Known as Jeanne Kemperle, Respondent.

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

Decided November 14, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs allege that the defendant sent a defamatory email in 2014 to the plaintiffs' adult children. The defendant is the sister of the plaintiff Janet Elias. The plaintiff Yeheskel Elias is the husband of Janet Elias.

"A defamatory statement of fact is in contrast to `pure opinion' which under our laws is not actionable because `[e]xpressions of opinion, as opposed to assertions...

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