BOARD OF MGRS. OF BRIGHTWATER TOWERS CONDOMINIUM v. VITEBSKY

2019-08181. Index No. 500272/19.

207 A.D.3d 694 (2022)

170 N.Y.S.3d 879

2022 NY Slip Op 04709

Board of Managers of Brightwater Towers Condominium, Respondent, v. Alexander Vitebsky et al., Appellants.

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

Decided July 27, 2022.


Attorney(s) appearing for the Case

Giancola Law Firm LLC, New York, NY ( Sam J. Shlivko of counsel), for appellants.

Duffy, J.P., Barros, Rivera and Miller, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the amended complaint is granted.

In 2019, the plaintiff commenced this action to recover damages for allegedly defamatory statements made by the defendants. The allegedly defamatory statements were made from January 6, 2018, through March, 29, 2018, to a Google group on an email list. The defendants...

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