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KERNS v. ISHIDA

Index No. 161364/20. Appeal No. 16274. Case No. 2022-02232.

208 A.D.3d 1102 (2022)

175 N.Y.S.3d 22

2022 NY Slip Op 05276

Roxana Kerns, M.D., Appellant, v. Mimi Ishida et al., Respondents.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Ralph A. Erbaio, Jr. , Carmel, for appellant.

Rothstein Law PLLC, New York ( Eric E. Rothstein of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Defendants, both of whom visited plaintiff's medical spa, posted online reviews of the spa, expressing their dissatisfaction with their experience and strongly criticizing plaintiff's behavior toward them. Among other things, defendant Mimi Ishida stated, "In my honest opinion, [plaintiff] acts like a psychotic nutcase" and "I don't think [plaintiff] even has her doctor's license." Ishida also described the business as "extremely...

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