Fox Den Development Corp. v. Town of Yorktown

2 Citing cases

  1. Shea v. Union Free Sch. Dist., of Massapequa

    2009 N.Y. Slip Op. 30356 (N.Y. Sup. Ct. 2009)   Cited 2 times

    In re Topps Co., Inc., Shareholders Litigation, 19 Misc3d 1103 (A) (Supreme Court New York County 2007). "A motion to dismiss pursuant to CPLR 3211(a)(4) should be granted only when there is another action pending between the same parties for the same cause of action and raises the danger of conflicting rulings relating to the same matter." Pagoulatov v Kourkoumelis, 14 Misc3d 1222 (A) (Supreme Court Queens Co. 2007), citing White Light Prods. v On The Scene Prods., 231 AD2d 551). "With respect to the subject of the actions, the relief sought must be the same or substantially the same."

  2. REDEYE GRILL v. REST. OPPORTUNITIES CTR. OF NY

    2006 N.Y. Slip Op. 51789 (N.Y. Sup. Ct. 2006)   Cited 1 times

    In 600 West 115th Street Corp. v. Von Gutfeld, 80 NY2d 130 (1992), the court dismissed a claim based on a statement made by defendant at a Community Board meeting that a lease "is as fraudulent as you can get and smells of bribery and corruption" (p. 135), stating that "the type of forum is relevant because reasonable listeners arrive armed with the knowledge that deliberations are in progress, that no expertise is required of those who choose to speak, and that robust, controversial debate is expected; . . . (and) reasonable listeners in such circumstances arrive with an appropriate amount of skepticism" (p. 141). See also, Immuno AG v. Moor-Jankowski, 77 NY2d 235, 254 (1991) ("the purpose of court review (is to) determine whether the reasonable reader would have believed that the challenged statements were conveying facts about the libel plaintiff"); Fox Den Development Corp. v. Town of Yorktown, 231 AD2d 551, 552 (2nd Dept. 1996) ("courts must consider the content of the communications as a whole, its tone and apparent purposes, as well as the over-all context in which the statements were made"). The bedrock for the holdings in the foregoing New York cases are certain United States Supreme Court decisions, in one of which the court stated that "[b]ecause the threat of actual imposition of pecuniary liability for alleged defamation may impair the unfettered exercise of First Amendment freedoms, the Constitution imposes stringent limitations upon the permissible scope of such liability" [Greenbelt Cooperative Publishing Association v. Bressler, 398 US 6, 12 (1970)].