QUESTION PRESENTED

Under N.Y. C.P.L.R. 3211(a)(7), did the trial court err in denying the Defendant’s motion to
dismiss the complaint for failure to state a claim of defamation, when the Defendant’s blog posts
were merely personal opinions?

RELEVANT STATUTES & ANNOTATIONS

- N.Y. C.P.L.R. 3211(a)(7) – the pleading fails to state a cause of action

RELEVANT TOPIC/KEY NUMBER COMBINATIONS

- 237: Libel and Slander

o 237I: Words & Acts Actionable, and Liability Therefor
 237k1: Nature and elements of defamation in general
 237k6: Actionable Words in General
 237-6(1): In general
 237k9: Words Tending to Injure in profession or Business
 237-9(1): In general
 237k14: Words Written or Printed, Signs, Pictures, and Other
Representations
 237k18: Tending to injure in business or occupation
 237k31: Injury from Defamation
o 237III: Justification and Mitigation
 237k54: Truth as justification in general
o 237IV: Actions
 237k79: Declaration, Complaint, or Petition
 237k85: Setting out defamatory matter