Leser v. Penido
Opinion of the Court
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 23, 2008, which, inter alia, denied defendants’ motion to dismiss the cause of action for libel per se, unanimously affirmed, with costs.
Plaintiff sufficiently stated a cause of action for libel per se based upon defendants’ alleged postings on the internet, attributed to plaintiff, which plaintiff asserts damaged her business of selling luxury handbags on line (see Rail v Hellman, 284 AD2d 113 [2001]). Furthermore, the pornographic pictures and statements linked to plaintiffs name and photograph on various web sites “allegedly falsely imply[ ] that [s]he is sexually lustful and
We have considered defendants’ remaining arguments and find them unavailing. Concur—Mazzarelli, J.P., Saxe, Nardelli, Renwick and Freedman, JJ. [See 20 Misc 3d 1127(A), 2008 NY Slip Op 51645(11).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.