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GOTTWALD v. SEBERT

Index No. 653118/14. Appeal Nos. 15495 & M-0497. Case No. 2021-03036.

203 A.D.3d 488 (2022)

165 N.Y.S.3d 38

2022 NY Slip Op 01515

Lukasz Gottwald, Professionally Known as Dr. Luke, et al., Appellants, v. Kesha Rose Sebert, Professionally Known as Kesha, Respondent, et al., Defendants.

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

Decided March 10, 2022.

Attorney(s) appearing for the Case

Mitchell Silberberg & Knupp LLP, New York ( Christine Lepera of counsel), for appellants.

O'Melveny & Myers LLP, New York ( Leah Godesky of counsel), for respondent.

Carter Ledyard & Milburn LLP, New York ( Alan S. Lewis and John J. Walsh of counsel), for Samuel D. Isaly, amicus curiae.

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

Contrary to the decision of the motion court and in other nonbinding decisions (see e.g. Palin v New York Times Co., 510 F.Supp.3d 21 [SD NY 2020]), there is insufficient evidence supporting the conclusion that the legislature intended its 2020 amendments to the anti-strategic lawsuit against public participation (anti-SLAPP) law (see Civil Rights Law § 70 et seq.) to apply retroactively to pending claims such as the defamation claims asserted by...

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