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SMARTMATIC USA CORP. v. FOX CORP.

Index No. 151136/21 Appeal No. 17049 Case No. 2022-01291.

213 A.D.3d 512 (2023)

183 N.Y.S.3d 402

2023 NY Slip Op 00832

Smartmatic USA Corp. et al., Respondents-Appellants, v. Fox Corporation et al., Appellants-Respondents, and Jeanine Pirro, Respondent, et al., Defendant.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Mintz & Gold LLP, New York ( Steven G. Mintz of counsel), and Clement & Murphy, PLLC, Alexandria, VA ( Paul Clement of the bar of the District of Columbia, admitted pro hac vice, of counsel), for Fox Corporation, Fox News Network LLC, Lou Dobbs and Maria Bartiromo, appellants-respondents, and Jeanine Pirro, respondent.

Russo Law LLC, New York ( Adam S. Katz of counsel), for Rudolph Giuliani, appellant-respondent.

Benesch, Friedlander, Coplan & Aronoff, LLP, New York ( Edward C. Wipper and Joel Erik Connoly of the bar of the State of Illinois, admitted pro hac vice of counsel), for respondents-appellants.

Concur—Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about March 8, 2022, which, to the extent appealed from (1) granted defendant Jeanine Pirro's motion to dismiss all causes of action asserted against her; (2) granted, in part, defendant Rudolph Giuliani's motion to dismiss all causes of action asserted against him to the extent of dismissing the third, fifth and ninth causes of action as against him; and (3) denied the motions of defendants Fox Corporation...

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