Opinion
2003-00123.
Decided March 15, 2004.
In an action, inter alia, to recover damages for defamation and trespass, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated October 21, 2002, which granted the joint motion of the defendants ABC, Inc., American Broadcasting Companies, Inc., Jim Hoffer, and Disney Enterprises, Inc., pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as asserted against them.
Agoglia, Fassberg, Holland Crowe, P.C., Melville, N.Y. (Craig D. Holland of counsel), for appellant.
Nathan E. Siegel, New York, N.Y., for respondents ABC, Inc., American Broadcasting Companies, Inc., Jim Hoffer, and Disney Enterprises, Inc.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly dismissed the cause of action alleging defamation insofar as asserted against the respondents. Contrary to the plaintiff's contention, the challenged statements were absolutely privileged under Civil Rights Law § 74 ( see Holy Spirit Assn. for the Unification of World Christianity v. New York Times Co., 49 N.Y.2d 63, 66 n 67; Freeze Right Refrig. Air Conditioning Servs. v. City of New York, 101 A.D.2d 175, 181).
The Supreme Court also properly dismissed the cause of action alleging trespass insofar as asserted against the respondents, as the damages sought therein did not flow from an interference with possession of property but rather from the alleged defamation ( see Costlow v. Cusimano, 34 A.D.2d 196).
The plaintiff's remaining contentions are without merit.
RITTER, J.P., H. MILLER, CRANE and COZIER, JJ., concur.