Hammer v. Berg

In an action to recover damages for libel, the plaintiffs appeal from (1) an order and judgment (one paper) of the Supreme Court, Nassau County (McCabe, J.), entered March 1, 1991, which, upon granting the defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, is in favor of the defendant and against them dismissing the complaint, and (2) so much of an order of the same court, entered August 29, 1991, as granted the defendant’s motion for costs and an award of attorneys’ fees on the ground that the action was frivolous.

Ordered that the order and judgment is affirmed,…