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GARDNER v. VIRTUOSO LTD.

Index No. 656244/19. Appeal No. 15746. Case No. 2022-00205.

204 A.D.3d 514 (2022)

167 N.Y.S.3d 70

2022 NY Slip Op 02508

Jena Gardner et al., Respondents, v. Virtuoso Ltd et al., Appellants.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Law Offices of Mark I. Bailen, New York ( Mark I. Bailen , of counsel) for appellants.

James J. DeCristofaro , New York, for respondents.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

To the extent the defamation and trade and product disparagement claims are predicated on the 24 alleged "directed statements," they should be dismissed because they do not set forth the "`exact words'" complained of (Offor v Mercy Med. Ctr., 171 A.D.3d 502, 503 [1st Dept 2019], lv denied 34 N.Y.3d 909 [2020]; BCRE 230 Riverside LLC v Fuchs, 59 A.D.3d 282, 283 [1st Dept 2009...

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