L.Y.E. DIAMONDS, LTD. v. GEMOLOGICAL INST. OF AM., INC.

151771/16. 8513. 8512.

169 A.D.3d 589 (2019)

95 N.Y.S.3d 53

2019 NY Slip Op 01360

L.Y.E. Diamonds, Ltd., et al., Appellants, v. Gemological Institute of America, Inc., et al., Respondents, et al., Defendants.

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

Decided February 26, 2019.


The motion court correctly dismissed, pursuant to CPLR 3211 (a) (1), the defamation and trade libel causes of action on the ground that the statements at issue were protected by a qualified privilege (see Baines v Daily News L.P., 51 Misc.3d 229 [Sup Ct, NY County 2015] [defamation complaint may be dismissed pursuant to CPLR 3211 (a) (1) on documentary evidence establishing privilege defense as matter of law]; see also Rodriguez...

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