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ROWBOTHAM v. WACHENFELD

Index No. 152281/18. Appeal No. 13841. Case No. 2020-04992.

194 A.D.3d 528 (2021)

143 N.Y.S.3d 870

2021 NY Slip Op 03125

Jim Rowbotham, Appellant, v. Jeff Wachenfeld, Respondent, et al., Defendant.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Law Offices of Steven Beispel, New York ( Steven Beispel of counsel), for appellant.

Lewis John Avallone Aviles LLP, New York ( Kevin D. Clinton of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

The Facebook post, "Jim is a crook. Worst Company to do business with," is an expression of opinion and therefore not actionable (see e.g. Schwartz v Nordstrom, Inc., 160 A.D.2d 240, 241 [1st Dept 1990], lv denied 76 N.Y.2d 711 [1990]; Cardali v Slater, 167 A.D.3d 476 [1st Dept 2018], lv denied 33 N.Y.3d 901 [2019]; Galasso v Saltzman, 42 A.D.3d 310...

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