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CEDENO v. PACELLI

Index No. 452016/18. Appeal No. 13382. Case No. 2019-05446.

192 A.D.3d 533 (2021)

140 N.Y.S.3d 693

2021 NY Slip Op 01552

Peter Cedeno et al., Respondents, v. Atesa Pacelli et al., Appellants, et al., Defendants.

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

Decided March 18, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn ( Justin T. Kelton of counsel), for Atesa Pacelli, appellant.

Wade Clark Mulcahy LLP, New York ( Shira T. Straus of counsel), for Anthony Pacelli, appellant.

Daniel Szalkiewicz & Associates, P.C., New York ( Daniel Szalkiewicz of counsel), for respondents.

Concur—Acosta, P.J., Gische, Webber, González, JJ.

The motion court correctly found that the amended complaint sufficiently set forth the material elements of a cause of action for defamation and gave adequate notice of the transactions and occurrences that plaintiffs intended to prove at trial. The Pacellis' attempt to distinguish Fletcher v Dakota, Inc. (99 A.D.3d 43 [1st Dept 2012]) on the ground that that case involved only six individuals...

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