Labin v New York Univ. Med. Ctr.

Labin v New York Univ. Med. Ctr. 2010 NY Slip Op 03288 [72 AD3d 905] April 20, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

Isaac Labin et al., Appellants,
v
New York University Medical Center et al., Respondents, et al., Defendants.

—[*1] Solomon Rosengarten, Brooklyn, N.Y., for appellants.

Heidell, Pittoni, Murphy & Bach LLP, New York, N.Y. (Daniel S. Ratner of counsel), for respondents.

In an action, inter alia, to recover damages for defamation, the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Jackson, J.), entered April 2, 2009, which, upon an order of the same court dated March 3, 2009, in effect, converting the motion of the defendants New York University Medical Center and Daniel Rauch to dismiss the complaint insofar as asserted against them for failure to state a cause of action pursuant to CPLR 3211 (a) (7) into a motion for summary judgment dismissing the complaint insofar as asserted against those defendants, and thereupon granting the motion, is in favor of the defendants New York University Medical Center and Daniel Rauch and against them dismissing the complaint insofar as asserted against those defendants.

Ordered that the judgment is affirmed, with costs.

The defendants New York University Medical Center and Daniel Rauch made a prima facie showing of their entitlement to judgment as a matter of law (see Social Services Law § 413 [1] [a]; § 419; Goldberg v Edson, 41 AD3d 428 [2007]; Rine v Chase, 309 AD2d 796 [2003]). In opposition, the plaintiffs failed to raise a triable issue of fact. Prudenti, P.J., Dillon, Eng and Roman, JJ., concur.