WDF, Inc. v. Kohler Co.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 11, 2005, as granted the motion of the defendant Kohler Co. pursuant to CPLR 3211 (a) (1) and (7) to dismiss the third cause of action alleging trade libel.

Ordered that the order is affirmed insofar as appealed from, with costs.

The motion of the defendant Kohler Co. to dismiss the third cause of action alleging trade libel was properly granted. The challenged statement published by Kohler Co., which was…