Zetek Corp. v J.E. Levine Bldr., Inc.

[*1] Zetek Corp. v J.E. Levine Bldr., Inc. 2005 NY Slip Op 51740(U) [9 Misc 3d 137(A)] Decided on October 26, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 26, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE,
HON. PHYLLIS GANGEL-JACOB, , Justices.


Zetek Corporation, NY County Clerk'sPlaintiff-Respondent,570379/05 Calender No. 05-236

against

J.E. Levine Builder, Inc., LEVINE BUILDERS, INC., and MOSHE LUBLING d/b/a LEVINE BUILDERS, and MICHAEL KESSLER, Defendants-Appellants.

Defendants appeal from an order of the Civil Court,

New York County, entered January 26, 2005 (Geoffrey D.
Wright, J.) which granted plaintiff's motion for reargument, and upon reargument, granted plaintiff's motion to amend the complaint.
PER CURIAM:

Order entered January 26, 2005 (Geoffrey D. Wright, J.) affirmed, with $10 costs.

Civil Court providently exercised its discretion in
granting plaintiff's motion to amend the complaint to assert a cause of action for defamation. Defendant's proposed amended complaint sufficiently pleaded a cause of action for defamation (see generally Liberman v Gelstein, 80 NY2d 429, 435 [1992]; Ruder & Finn v Seaboard Sur. Co., 52 NY2d 663, 670 [1981]) and satisfied the specificity requirements of CPLR 3016(a). [*2]

The defamation cause of action was not time barred by the applicable one-year Statute of Limitations (CPLR 215[3]). The original action, which was timely commenced in Supreme Court in February 2003, was dismissed for failure to comply with the specificity requirements of CPLR 3016(a), with leave to replead upon transfer of the action to Civil Court (CPLR 325[d]).

This constitutes the decision and order of the court.
Decision Date: October 26, 2005