Kahlon v. Lewis

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered September 30, 2013, which denied plaintiffs motion for summary judgment, and, upon a search of the record, granted defendant summary judgment dismissing the complaint, unanimously affirmed, without costs. *484 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 AD3d 311 [1st Dept 2004]). Even if we were to evaluate the alleged statement made by defendant that was included in plaintiffs motion papers, the statement was not defamatory as a matter of law (see Brian v Richardson, 87 NY2d 46, 51 [1995]; Dillon v City of New York, 261 AD2d 34, 38-39 [1st Dept 1999]). We have considered plaintiffs remaining arguments and find them unavailing. Concur — Tom, J.E, Renwick, Andrias, De-Grasse and Kapnick, JJ. [Prior Case History: 2013 NY Slip Op 32308(U).]