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GINARTE GALLARDO GONZALEZ & WINOGRAD v. SCHWITZER

Index No. 159991/18. Appeal Nos. 13679, 13680. Case Nos. 2019-05381, 2019-05501, 2020-04666.

193 A.D.3d 614 (2021)

148 N.Y.S.3d 56

2021 NY Slip Op 02492

Ginarte Gallardo Gonzalez & Winograd, Respondent, v. William Schwitzer et al., Appellants, et al., Defendants.

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

Decided April 27, 2021.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York ( Randy M. Mastro of counsel), for William Schwitzer, William Schwitzer & Associates, P.C., Giovanni C. Merlino, Barry Aaron Semel-Weinstein and Beth Michelle Diamond, appellants.

Walden Macht & Haran LLP, New York ( Georgia Winston of counsel), for Rene G. Garcia and The Garcia Law Firm, P.C., appellants.

Robert & Robert, PLLC, Uniondale ( Clifford S. Robert of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.

The defamation claim must be dismissed as against all defendants, because the only statements found actionable by the motion court were made to plaintiff's paralegal, i.e., plaintiff's representative, and not to a third party (see Richards v Security Resources, 187 A.D.3d 452, 453 [1st Dept 2020]). The defamation per se claim is included, since no harm can be presumed to result to plaintiff from statements made to...

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