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Cangro v. Marangos

April 7, 2009

JENNIFER CANGRO, PLAINTIFF-APPELLANT,
v.
JOHN Z. MARANGOS, DEFENDANT-RESPONDENT.



Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered January 22, 2008, which denied plaintiff's motion for an order "granting compensatory and punitive damages" and setting a trial date, and granted defendant's cross motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Friedman, McGuire, Moskowitz, JJ.

109694/07

The allegations in the complaint and in plaintiff's affidavit constitute "bare legal conclusions" (see Caniglia v Chicago Tribune-N.Y. News Syndicate, 204 AD2d 233, 233-234 [1994]). Plaintiff's fraud claims are not pleaded with the requisite particularity (CPLR 3016[b]). Her defamation claims fail because the alleged offending statements were made in the context of a judicial proceeding to which they were directly related (see Sexter & Warmflash, P.C. v Margrabe, 38 AD3d 163, 174-176 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090407

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