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BACON v. NYGARD

Index No. 150400/15. Appeal No. 12638. Case No. 2019-05211.

189 A.D.3d 530 (2020)

136 N.Y.S.3d 297

2020 NY Slip Op 07488

Louis Bacon, Appellant-Respondent, v. Peter Nygard, Respondent-Appellant, et al., Defendants.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Sidley Austin LLP, New York ( Eamon P. Joyce of counsel), for appellant-respondent.

Davis Wright Tremaine LLP, New York ( Elizabeth A. McNamara of counsel), for respondent-appellant.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

This action arises from a highly publicized feud between the parties, who own neighboring properties in the Bahamas, and resulted in plaintiff commencing this defamation action against defendants premised on more than 100 published communications, which state, among other things, that "Bacon is KKK" or "Louis KKK Bacon," placing his picture next to violent and graphic imagery of Ku Klux Klan lynchings and the colors of the confederate flag. At issue on this appeal are 10...

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