Opinion
2014-11-18
Jossef KAHLON, Plaintiff–Appellant, v. Bruce LEWIS, Defendant–Respondent.
Erica T. Yitzhak, P.C., Great Neck (Erica T. Yitzhak of counsel), for appellant.
Erica T. Yitzhak, P.C., Great Neck (Erica T. Yitzhak of counsel), for appellant.
Order, Supreme Court, New York County (Doris Ling–Cohan, J.), entered September 30, 2013, which denied plaintiff's motion for summary judgment, and, upon a search of the record, granted defendant summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court correctly dismissed the complaint since plaintiff failed to particularize the alleged defamatory statement made by defendant ( see CPLR 3016[a]; Khan v. Duane Reade, 7 A.D.3d 311, 776 N.Y.S.2d 281 [1st Dept.2004] ). Even if we were to evaluate the alleged statement made by defendant that was included in plaintiff's motion papers, the statement was not defamatory as a matter of law ( see Brian v. Richardson, 87 N.Y.2d 46, 51, 637 N.Y.S.2d 347, 660 N.E.2d 1126 [1995]; Dillon v. City of New York, 261 A.D.2d 34, 38–39, 704 N.Y.S.2d 1 [1st Dept.1999] ).
We have considered plaintiff's remaining arguments and find them unavailing.