United States District Court, E.D. New York
August 29, 2014, Filed
For Marisa Trachtenberg, Plaintiff: John A. Santora, LEAD ATTORNEY, Lynbrook, NY; John Santora, Law Offices of John Santora, Lynbrook, NY.
For Failedmessiah.com, Shmayra Rosenberg, Defendants: Richard B. Ancowitz, LEAD ATTORNEY, Richard B. Ancowitz, Esq., Albany, NY.
Brian M. Cogan, United States District Judge.
MEMORANDUM DECISION AND ORDER
COGAN, District Judge.
Plaintiff Marisa Trachtenberg is suing Failedmessiah.com (" Failed Messiah" ) and
Scott " Shmayra"  Rosenberg for defamation, negligence, and intentional infliction of emotional distress (" IIED" ). Defendants removed this case from the Queens County Supreme Court based on diversity jurisdiction and have moved to dismiss (a) the defamation claim for lack of personal jurisdiction, failure to state a claim, and pursuant to New York Civil Rights Law § 74 and C.P.L.R. § 3016(a); and (b) the negligence and IIED claims for failure to state a claim.
I find that personal jurisdiction is lacking as to the defamation claim, and the negligence and IIED claims fail to state a claim. Defendant's motion to dismiss  is therefore granted.
Plaintiff is a New York resident who lives in Queens. Defendant is a Minnesota resident who maintains Failed Messiah as an online source for ...