Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Trachtenberg v. FailedMessiah.com

United States District Court, E.D. New York

August 29, 2014

MARISA TRACHTENBERG, Plaintiff, -
v.
- FAILEDMESSIAH.COM and SHMAYRA ROSENBERG, Defendants

Page 199

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.

OPINION

Page 200

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Plaintiff Marisa Trachtenberg is suing Failedmessiah.com (" Failed Messiah" ) and

Page 201

Scott " Shmayra" [1] 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 [11] is therefore granted.

BACKGROUND

Plaintiff is a New York resident who lives in Queens. Defendant[2] is a Minnesota resident who maintains Failed Messiah as an online source for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.