LeBreton v. Weiss

—Order, Supreme Court, New York County (Emily Goodman, J.), entered September 8, 1997, which granted defendant’s motion to dismiss the complaint .pursuant to CPLR 3211 and 3212, unanimously affirmed, with costs.

The verified complaint in this defamation action alleges that, in order to ascertain if defendant, plaintiff’s former landlord, had been defaming him, plaintiff had two individuals contact defendant “under the pretense of being landlords” and had them make certain inquiries to which defendant responded by making the defamatory statements upon which this action is premised. Because such…