CONWAY v. KAPLAN

Index No. 160607/16. Appeal No. 13642-13642A. Case No. 2020-02964, 2020-03154.

193 A.D.3d 564 (2021)

142 N.Y.S.3d 799

2021 NY Slip Op 02448

Lisa Conway et al., Appellants, v. Howard Kaplan, Respondent. US Underwriters Insurance Company, Putative Intervenor-Respondent.

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

Decided April 22, 2021.


Attorney(s) appearing for the Case

Ran Mukherjee, P.C., Brooklyn ( Ran Mukherjee of counsel), for appellants.

Pillinger Miller Tarallo, LLP, Elmsford ( Daniel Owen Dietchweiler of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.


The complained-about website created by defendant presents to others as a personal statement by defendant, in which he goes on for five pages describing a real estate deal in which he was involved with plaintiff Conway. When viewed in full context, the website is an extensive recitation of personal grievances based upon defendant's experience of working with Conway. Defendant was clearly dissatisfied with Conway's performance, and the website lays out every fact of the transaction...

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