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Sang v. Hai et al

REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document

16 Cited authorities

  1. Kronos, Inc. v. AVX Corp.

    81 N.Y.2d 90 (N.Y. 1993)   Cited 727 times
    Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984

  2. Mann v. Abel

    2008 N.Y. Slip Op. 2675 (N.Y. 2008)   Cited 240 times   2 Legal Analyses
    In Mann v. Abel, 10 N.Y.3d 271, 856 N.Y.S.2d 31, 885 N.E.2d 884 (2008), the New York Court of Appeals examined a "piece, preceded by an editorial note indicating that it was an expression of opinion, [that] referred to Mann[, the town attorney,] as a ‘political hatchet Mann’ and said that he was ‘leading the Town of Rye to destruction.’ "

  3. Fischer v. Maloney

    43 N.Y.2d 553 (N.Y. 1978)   Cited 517 times
    Finding that such a claim arises when "[o]ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another"

  4. 800-Flowers, Inc. v. Intercontinental Florist, Inc.

    860 F. Supp. 128 (S.D.N.Y. 1994)   Cited 231 times
    Holding that defendant's action for declaratory judgment, filed in response to plaintiff's business-related threats and comments to defendant's customers about potential litigation, did not warrant exception to the first-filed rule

  5. Messenger v. Gruner + Jahr Printing & Publishing

    94 N.Y.2d 436 (N.Y. 2000)   Cited 128 times
    Holding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”

  6. Matherson v. Marchello

    100 A.D.2d 233 (N.Y. App. Div. 1984)   Cited 189 times   2 Legal Analyses
    Holding that special damages are not a prerequisite to defamation suit but purporting to disapprove of France and Salomone, which held that proof of injury to reputation, not special damages, is such a prerequisite

  7. Flentye v. Kathrein

    485 F. Supp. 2d 903 (N.D. Ill. 2007)   Cited 78 times
    Holding that veil piercing must be based on "factual manifestations suggesting ... that the two operate as a single entity"

  8. Stevens v. State

    691 F. Supp. 2d 392 (S.D.N.Y. 2009)   Cited 48 times
    Finding defendant was personally involved where plaintiff alleged defendant "summoned him to the . . . meeting[] where he was terminated"

  9. Finger v. Omni Publs. Intl

    77 N.Y.2d 138 (N.Y. 1990)   Cited 73 times
    In Finger, "[n]either the article nor the caption mentioned plaintiffs' names or indicated in any fashion that the adult plaintiffs used caffeine or that the children were produced through in vitro fertilization" (Finger v. Omni Publs. Intl., supra, at 140, 564 N.Y.S.2d 1014, 566 N.E.2d 141 [emphasis added]).

  10. Biro v. Nast

    11 Civ. 4442 (JPO) (S.D.N.Y. Aug. 10, 2012)   Cited 5 times

    11 Civ. 4442 (JPO) 08-10-2012 PETER PAUL BIRO, Plaintiff, v. CONDE NAST, a division of ADVANCE MAGAZINE PUBLISHERS INC., DAVID GRANN, LOUISE BLOUIN MEDIA INC., GLOBAL FINE ART REGISTRY LLC, THERESA FRANKS, BUSINESS INSIDER, INC., GAWKER MEDIA LLC, INTERNATIONAL COUNCIL OF MUSEUMS, GEORGIA MUSEUM OF ART and PADDY JOHNSON, Defendants. J. PAUL OETKEN MEMORANDUM OPINION AND ORDER J. PAUL OETKEN, District Judge: This is a diversity action for defamation and injurious falsehood. Plaintiff Peter Paul Biro

  11. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 534 times   9 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait , picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. N.Y. Civ. Rights Law § 50 Amended by New York Laws 2024, ch. 58,Sec. MM-A-1, eff. 4/20/2024.

  12. Section 74 - Privileges in action for libel

    N.Y. Civ. Rights Law § 74   Cited 394 times   4 Legal Analyses

    A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding