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161 LUDLOW FOOD, LLC v. L.E.S. DWELLERS, INC.

Index No. 153500/16. Appeal No. 1116. Case No. 2022-04381.

221 A.D.3d 517 (2023)

198 N.Y.S.3d 539

2023 NY Slip Op 06076

161 Ludlow Food, LLC, Doing Business as No Fun, Appellant, v. L.E.S. Dwellers, Inc., Formerly Known as Diem, Inc., et al., Respondents.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, Islandia ( Michael J. Del Piano of counsel), for appellant.

Kagen, Caspersen & Bogart, PLLC, New York ( Stuart Kagen of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Friedman, González, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about September 7, 2022, which granted defendants' motion for summary judgment as to liability on their counterclaim for attorneys' fees and punitive damages, unanimously modified, on the law, to deny the motion for punitive damages, and otherwise affirmed, without costs.

In this Strategic Lawsuit Against Public Participation (SLAPP) action, the court's application of CPLR 3212 (h) to the underlying...

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