Dunn v. Gelardi

In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Futnam County (O’Rourke, J.), dated December 11, 2007, which granted the defendant’s motion pursuant to CFLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to dismiss the complaint pursuant to CFLR 3211 (a) (7) for failure to state a cause of action is denied.

*386“In reviewing a motion to dismiss under CPLR 3211 (a) (7) for failure to state a cause of action, the allegations of…