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GOLDMAN v. ABRAHAM HESCHEL SCH.

Index No. 158209/21, Appeal No. 2338, Case No. 2023-04691.

2024 NY Slip Op 02777

HARVEY GOLDMAN, Appellant, v. ABRAHAM HESCHEL SCHOOL, Respondent, JOHN DOE, Defendant.

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

Decided May 21, 2024.

Attorney(s) appearing for the Case

Law Office of Richard A. Altman, New York ( Richard A. Altman of counsel), for appellant.

Troutman Pepper Hamilton Sanders, LLP, New York ( Michael E. Baughman of counsel), for respondent.

Before: Kern, J.P., Oing, Higgitt, Michael, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered on or about March 7, 2023, which granted defendant Abraham Heschel School's motion to dismiss and referred the matter to a special referee to hear and determine the issue of attorneys' fees to be awarded to defendant as the prevailing party, unanimously affirmed, without costs.

The complaint failed to state a claim for defamation because defendant's statements to the New York Post and Fox News were...

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