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Coppelson v. Serhant

Broker's Allegedly Defamatory Statements in Transaction Deemed Nonactionable 'Puffery'

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ORDER AND OPINION Defendant Ryan Serhant (“Serhant”) moves, pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6), to dismiss the first amended complaint filed against him by Plaintiffs Aaron Coppelson (“Coppelson”), Dariush Fakheri (“Fakheri”), and Nightengale NY1, LLC (“Nightengale,” and together with Coppelson and Fakheri, “Plaintiffs”). Dkt No. 44. For the following reasons, the motion is granted. BACKGROUND This case arises out of a purchase of real estate in Manhattan, New York for investment purposes. In 2015, Nightengale purchased real estate on Washington Street in lower Manhattan (the “Tribeca Property”). Dkt. No. 38

3, 10. Nightengale is a California corporation, and Coppelson and Fakheri are alleged to have served as its manager and principal, respectively. Id.

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