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DAVIS v. BROWN

Index No. 151757/21. Appeal No. 16883. Case No. 2022-00654.

211 A.D.3d 524 (2022)

181 N.Y.S.3d 34

2022 NY Slip Op 07147

Mary E. Davis, Appellant, v. Joyce F. Brown, in Her Individual Capacity and Her Official Capacity as President of Fashion Institute of Technology, et al., Respondents.

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

Decided December 15, 2022.

Attorney(s) appearing for the Case

Krantz & Berman LLP, New York (Marjorie Berman of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Ricki E. Roer of counsel), for respondents.

Concur—Webber, J.P., Friedman, González, Mendez, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered January 6, 2022, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously modified, on the law, to reinstate the claim based on defamation by implication, and otherwise affirmed, without costs.

Accepting each and every allegation as true on this CPLR 3211 motion (see Davis v Boeheim, 24 N.Y.3d 262, 268 [2014...

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