3340-3341N. VANESSA DENNIS, plf-res, v. MARIE NAPOLI def, PAUL J. NAPOLI, def-ap — VANESSA DENNIS, plf-res, v. MARIE NAPOLI, ETC., def-ap, PAUL J. NAPOLI def — L’Abbate, Balkan, Colavita & Contini, L.L.P., Garden City (Marian C. Rice of counsel), for Paul J. Napoli, ap — Boies, Schiller & Flexner LLP, New York (Luke Nikas of counsel), for Marie Napoli, ap — David Ratner Law Firm, Brooklyn (David Ratner of counsel), and Law Offices of Clifford James, New York (Clifford James of counsel), for res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 17, 2015, which, to the extent appealed from as limited by the briefs, denied defendant Paul J. Napoli’s motion to dismiss the causes of action for defamation, intentional infliction of emotional distress, and prima facie tort as against him, and granted plaintiff’s motion for a preliminary injunction restraining defendant Marie Napoli from sending unsolicited written and verbal communications about plaintiff to plaintiff’s professional contacts, family, and friends and from posting derogatory comments about plaintiff on plaintiff’s social media profiles or pages on which plaintiff is tagged, unanimously affirmed, with costs.
Plaintiff alleges that defendant Paul J. Napoli authorized defendant Marie Napoli’s access to plaintiff’s work email account and personnel file and allowed Marie Napoli to use his personal email and Facebook accounts in her endeavor to harass and defame plaintiff. These allegations state causes of action for defamation, intentional infliction of emotional distress and prima facie tort under a theory of concerted action liability (see Bichler v. Eli Lilly & Co., 55 NY2d 571, 580-581 [1982]; see e.g. Wilson v. DiCaprio, 278 AD2d 25, 25-26 [1st Dept 2000]).
