LIA JOSEPH, plf-ap, v. DENIS M. JOSEPH def-res, JOHN DOE def

10205. LIA JOSEPH, plf-ap, v. DENIS M. JOSEPH def-res, JOHN DOE def — Feder Kaszovitz LLP, New York (Murray L. Skala of counsel), for ap — Wade Clark Mulcahy, New York (Cheryl D. Fuchs of counsel), for Denis M. Joseph, res — Harris Beach PLLC, New York (Marina L. Schwarz of counsel), for Automotive Realty Partners, LLC, res — Lewis Brisbois Bisgaard & Smith, LLP, New York (Jamie R. Wozman of counsel), for Arthur Russell, res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered March 7, 2012, which granted defendants' motions and cross motion to dismiss the complaint, unanimously affirmed, without costs.

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10205. LIA JOSEPH, plf-ap, v. DENIS M. JOSEPH def-res, JOHN DOE def — Feder Kaszovitz LLP, New York (Murray L. Skala of counsel), for ap — Wade Clark Mulcahy, New York (Cheryl D. Fuchs of counsel), for Denis M. Joseph, res — Harris Beach PLLC, New York (Marina L. Schwarz of counsel), for Automotive Realty Partners, LLC, res — Lewis Brisbois Bisgaard & Smith, LLP, New York (Jamie R. Wozman of counsel), for Arthur Russell, res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered March 7, 2012, which granted defendants’ motions and cross motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff and her son, defendant Denis Joseph, have been embroiled in multiple lawsuits involving their claimed interests in a property in Connecticut and a second property in Brooklyn, which is held in the name of defendant Automotive Realty Partners, LLC (ARP). In this defamation action, plaintiff alleges that Denis and his attorney, defendant Arthur Russell, caused ARP to file a complaint in which they unnecessarily included disparaging and false allegations, including, among other things, that plaintiff was a “scorned” woman, had a “maniacal rage,” went into “terroristic binges,” and had lied about her medical condition to secure a court adjournment. ARP’s underlying complaint asserted a single cause of action for intentional interference with an existing contract and sought compensatory and punitive damages.

LIA JOSEPH, plf-ap, v. DENIS M. JOSEPH def-res, JOHN DOE def

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