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315 W. 103 ENTERS. LLC v. ROBBINS

315, 8895, 1150, 155205/17.

171 A.D.3d 466 (2019)

95 N.Y.S.3d 800

2019 NY Slip Op 02620

315 West 103 Enterprises LLC et al., Respondents, v. Richard A. Robbins, Appellant.

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

Decided April 4, 2019.

In this defamation action arising from defendant's alleged phone calls to 311 complaining about plaintiffs' construction project next door, Supreme Court granted plaintiffs' motion to discontinue the action by order entered on or about November 13, 2017 (CPLR 3217 [b]) and subsequently denied defendant's motion to dismiss as moot (see CPLR 3211 [a] [7]; [g]). Whereas "[a] defendant in an action involving public petition...

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