D'ARATA v. NEW YORK POST

Index No. 101414/21, Appeal No. 2121, Case No. 2023-03919.

2024 NY Slip Op 02141

VINCENT D'ARATA, Plaintiff-Appellant, v. THE NEW YORK POST, Defendant-Respondent.

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

Decided April 23, 2024.


Attorney(s) appearing for the Case

Vincent D'Arata, appellant pro se.

Davis Wright Tremaine LLP, New York ( Laura Handman of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kapnick, Kennedy, Higgitt, O'Neill Levy, JJ.


Order and judgment (one paper), Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about June 27, 2023, which granted defendant's motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Plaintiff argues that he has a viable libel claim based on a 2009 police blotter article that appeared in defendant's newspaper, and thereafter continuously on its online website, which reported his 2009 arrest. The statute of limitations...

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