LONG IS. THORACIC SURGERY, P.C. v. BUILDING SERV. 32BJ HEALTH FUND

2020-04090. Index No. 615647/19.

215 A.D.3d 942 (2023)

188 N.Y.S.3d 570

2023 NY Slip Op 02114

Long Island Thoracic Surgery, P.C., et al., Appellants, v. Building Service 32BJ Health Fund, Respondent.

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

Decided April 26, 2023.


Attorney(s) appearing for the Case

Harris Beach, PLLC, Pittsford, NY ( Roy W. Breitenback and Svetlana K. Ivy of counsel), for appellants.

Raab, Sturm & Ganchrow, LLP, Woodmere, NY ( Ira A. Sturm of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Taylor, JJ., concur.


In an action, inter alia, to recover damages for defamation, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), entered April 23, 2020. The order, insofar as appealed from, granted those branches of the defendant's motion which were pursuant to CPLR 3211(a)(7) to dismiss the fifth and sixth causes of action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant...

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