![]() ![]() ![]() ~ 12.) On September 13, 2016, Bailey and Dawson allegedly communicated by phone and by text message. Dawson alleges that the allegations in the Septemletter are "materially false" and unsubstantiated (Id. (Complaint~ 11.) The letter then allegedly demanded that Dawson take the website down and stated that legal action would commence against Dawson if this was not done. that the creator and owner") and using the website to disseminate false and defamatory statements. Dawson further alleges that the letter accused Dawson of creating and owning "" (specifically, the letter states that "Lalezarian has reason to believe. Dawson further alleges that Desiderio emailed Bailey and Dawson on September 7, 2016, attaching a letter from Bailey to Dawson dated September 7, 2016. 152112/2017 RECEIVED NYSCEF: building located at l 00 Maiden Lane, New York, New York 10038 and owned by non-party Lalezarian Properties LLC ("Lalezarian"). ) Dawson alleges that he resided from August 29, 2015, to ♺ugust 28, 2016, in a Pagel of9 1 of 9 NYSCEF DOC. a: Oo ~LI- Dawson commenced the instant action on March 3, 2017, by e""filing a summons and verified complaint. The Court, in its discretion, grants Plaintiff leave to replead as to his defamation cause of action in the manner described herein. For the reasons set forth below, the second cause of action _is also dismissed. Also at oral argument, the Court reserved its decision on Defendants' motion with respect to the second cause of action, which is for defamation. The Court dismissed the first, third, and fourth causes of action in the complaint at oral argument on January 29, 2018, the full transcript of which is incorporated herein by reference, for the reasons set forth below. ("Mironenko") pursuant to CPLR 3211 (a) (7) to dismiss the verified complaint of prose Plaintiff James Dawson ("Dawson") is granted. ("Desiderio"), and Vladimir Mironenko, Esq. I Motion by Defendants Adam Leitman Bailey P.C., Adam Leitman Bailey Esq. 15-21 I Affirmation in Opposition (pro se, non-attorney, not notarized)Memorandum of Law in Opposition-Exhibits A-D I I Notice of Motion-Affirmation in Support-Exhibit A-Affidavit of ServiceMemorandum of Law in Support-Affidavit of Service-RJI Nos. Memorandum of Law in Reply-Affidavit of Service Nos. The following papers, numbered 8-23, were read on this motion to dismiss. JAMES DAWSON, 152112/2017 MO.TION DATE Plaintiff, 2/5/18 MOTION SEO. 50 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: Hon.~~~~~~R~o=b~e~rt~D~ This opinion is uncorrected and not selected for official publication. Kalish Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. 2018 NY Slip Op 30224(U) FebruSupreme Court, New York County Docket Number: 152112/2017 Judge: Robert D. ![]()
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