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161 LUDLOW FOOD, LLC v. L.E.S. DWELLERS, INC.

9989, 153500/16.

176 A.D.3d 434 (2019)

110 N.Y.S.3d 23

2019 NY Slip Op 07146

161 Ludlow Food, LLC Doing Business as No Fun, Appellant, v. L.E.S. Dwellers, Inc., Formerly Known as Diem, Inc., et al., Defendants, and Sara Romanoski, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 3, 2019.

Attorney(s) appearing for the Case

Mark A. Marino, PC, New York (Mark A. Marino of counsel), for appellant.

Sara Romanoski, respondent pro se.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.

This is a case involving public petition or participation (Civil Rights Law § 76-a). Dismissal of plaintiff's claim for slander per se was warranted because the individual defendant's alleged false statements were made at a Community Board meeting, and the claim lacked a substantial basis in law, as required to survive dismissal (CPLR 3211[g]; 600 W. 115th St. Corp. v Von Gutfeld, 80 N.Y.2d 130 [1992], cert denied 508...

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