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WA ROUTE 9, LLC v. PAF CAPITAL LLC

Index Nos. 651688/12, 590475/12, 590603/12. Appeal No. 13821. Case No. 2020-03173.

194 A.D.3d 508 (2021)

143 N.Y.S.3d 537

2021 NY Slip Op 03013

WA Route 9, LLC, Plaintiff, v. PAF Capital LLC, Defendant/Third-Party Plaintiff. Jacob Frydman, et al., Third-Party Defendants. Jacob Frydman, Fourth-Party Plaintiff-Respondent, v. David Lichtenstein et al., Fourth-Party Defendants-Appellants, et al., Fourth-Party Defendants.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Reiss Sheppe LLP, New York ( Matthew Sheppe of counsel), for appellants.

The Law Offices of Neal Brickman, P.C., New York ( Neal Brickman , of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

Lichtenstein and PAF failed to demonstrate as a matter of law that the third-party action brought by PAF against fourth-party plaintiff (Frydman) was not a sham filed solely to defame Frydman and that therefore the various documents and other commentary that Lichtenstein and PAF and their agents published on the Internet about the third-party complaint and its allegations are protected by Civil Rights Law § 74 (see Williams v Williams, 23 N.Y...

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