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Everything escort girl qatar on me, so lets have a ball! Defendant contends that the amended complaint is similarly deficient, because it still fails to include the word "false" or "falsity," which "is a sine qua non of a libel claim" Brian v Richardson, 87 NY2d 46, 51 and still concerns non-actionable opinion.
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Women F3dis distinguishable. Turning to the first two of the foregoing factors, the phrase "[a]mbulance chaser is too good a term for him" is an "imprecise, subjective characterization" that is not capable of being objectively verified as true or false see New York Horse Rescue Corp.
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Feinberg v lans the complaint in this defamation action was filed on february 12, , based on defendant devora lans' publication of the following statement about plaintiff gerry feinberg on the yelp website: "if you can't find a lawyer to take your case, this is the lawyer for you.
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Discussion First, given plaintiff's correct observation that he was entitled to serve an amended complaint as of right, there is no need for this Court to grant leave to amend. No babies, no men who's kids cant deal with them dating.
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Four factors should be considered Housewives seeking real sex Katonah NewYork 10536 distinguishing fact from opinion: " 1 an assessment of whether the specific language in issue has a precise meaning which is readily understood or whether it is indefinite and ambiguous; 2 a determination of whether the statement is capable of being objectively characterized Beautiful ladies looking online dating Dallas true or false; 3 an examination of the full context of the communication in which the statement appears; and 4 a consideration of the broader social context or setting surrounding the communication including the existence of any applicable customs or conventions which might 'al to readers or listeners that what is being read or heard is likely to be opinion, not fact' " Steinhilber v Alphonse, 68 NY2d, quoting Ollman v Evans, F2d[DC Cir ].
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Accordingly, it is hereby ORDERED that the branch of plaintiff's cross-motion seeking leave to amend the complaint is denied as academic, and the branch seeking an award of sanctions is denied; and it is further ORDERED that the branch of defendant's motion seeking to dismiss the amended complaint is granted, and the branch seeking an award of sanctions is denied.
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