Opinion
570379/05, No. 05-236
Decided October 26, 2005.
Defendants appeal from an order of the Civil Court, New York County, entered January 26, 2005 (Geoffrey D. Wright, J.) which granted plaintiff's motion for reargument, and upon reargument, granted plaintiff's motion to amend the complaint.
Order entered January 26, 2005 (Geoffrey D. Wright, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
Civil Court providently exercised its discretion in granting plaintiff's motion to amend the complaint to assert a cause of action for defamation. Defendant's proposed amended complaint sufficiently pleaded a cause of action for defamation ( see generally Liberman v. Gelstein, 80 NY2d 429, 435; Ruder Finn v. Seaboard Sur. Co., 52 NY2d 663, 670) and satisfied the specificity requirements of CPLR 3016(a).
The defamation cause of action was not time barred by the applicable one-year Statute of Limitations (CPLR 215). The original action, which was timely commenced in Supreme Court in February 2003, was dismissed for failure to comply with the specificity requirements of CPLR 3016(a), with leave to replead upon transfer of the action to Civil Court (CPLR 325[d]).
This constitutes the decision and order of the court.