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SAINT DAVID'S SCHOOL, plfap, v. BEN HUME, def-res

8876. SAINT DAVID'S SCHOOL, plfap, v. BEN HUME, def-res — Wilmer Cutler Pickering Hale and Dorr LLP, New York (Patrick Mair of counsel), for ap — Emery Celli Brinckerhoff & Abady LLP, New York (Matthew D. Brinckerhoff of counsel), for res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered March 26, 2012, which granted defendant's cross motion to dismiss plaintiff's complaint to the extent it is based on the protest placard statements referenced as signs #1 and #3, unanimously affirmed, without costs.

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8876. SAINT DAVID’S SCHOOL, plfap, v. BEN HUME, def-res — Wilmer Cutler Pickering Hale and Dorr LLP, New York (Patrick Mair of counsel), for ap — Emery Celli Brinckerhoff & Abady LLP, New York (Matthew D. Brinckerhoff of counsel), for res — Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered March 26, 2012, which granted defendant’s cross motion to dismiss plaintiff’s complaint to the extent it is based on the protest placard statements referenced as signs #1 and #3, unanimously affirmed, without costs.

Defendant, a long-standing rentstabilized tenant in a residential building owned by plaintiff, a private elementary school, became upset when plaintiff commenced a plan to eliminate certain residential apartments so as to expand its classroom space into the building. Defendant alleged that, inter alia, noise, construction debris and the threat of eviction had adversely affected the health of elderly tenants. To protest plaintiff’s actions, defendant alone stood outside in front of the school, on several dates, wearing placards that were draped over his body, stating, “DONT [sic] KILL FOR CLASSROOMS,” and “RESPONSIBLE PARENTS DON’T IGNORE ABUSE/PROTECT OUR CHILDREN AND DISABLED ELDERLY.”

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