Legal Opinion

Horowitz v. Mannoia

New York Supreme Court

Decided October 20, 2005PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Thomas P. Phelan, J.

*468Motion by plaintiffs for an order pursuant to CPLR 3212 awarding them summary judgment on liability and granting them presumed and punitive damages, or alternatively setting the case down for a trial on damages, is denied. Plaintiffs’ additional request for judgment dismissing defendant’s affirmative defenses and counterclaims is granted.

Cross motion by defendant for summary judgment dismissing plaintiffs’ complaint is granted. Defendant’s additional request for attorneys’ fees and costs and sanctions pursuant to 22 NYCRR 130-1.1 is denied.

Plaintiff…

2Cases cited8 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Greenbelt Cooperative Publishing Assn., Inc. v. BreslerSupreme Court of the United States · 1970
  4. Steinhilber v. AlphonseNew York Court of Appeals · 1986
  5. Brian v. RichardsonNew York Court of Appeals · 1995

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3Cited by1 opinion

  1. Coleman v. GrandDistrict Court, E.D. New York · 2021

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