X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 003) 30-33, 53, 64, 65, 67 were read on this motion for       discovery. The following e-filed documents, listed by NYSCEF document number (Motion 004) 54-59, 68-71, 77 were read on this motion to                dismiss. The following e-filed documents, listed by NYSCEF document number (Motion 005) 60-63, 72-76 were read on this motion to      dismiss. DECISION ORDER ON MOTION Plaintiff brings this action against defendant Mariah Carey and defendants Macmillan Publishing Group, LLC d/b/a Henry Holt and Company, Michaela Angela Davis, and Andy Cohen d/b/a Andy Cohen Books (Andy Cohen Books) (collectively, publisher defendants) (together with defendant Carey, defendants) alleging that nine passages in Carey’s memoir defamed him. In motion sequence 003, plaintiff moves pursuant to CPLR 3211 (g) (3) for an order granting him leave to serve written discovery demands and to take up to three depositions of defendants. In motion sequence 004, publisher defendants move pursuant to CPLR 3211 (a) (7), CPLR 3211 (g), and Civil Rights Law §§70-a (1) (a) and 76-a, for an order dismissing the first amended complaint against them and an award of their costs and attorney fees. In motion sequence 005, Carey moves pursuant to CPLR 3211 (a) (7) and (g) for an order dismissing the first amended complaint as against her. The motions are consolidated for disposition. I. PERTINENT BACKGROUND The following facts are mostly drawn from the corrected first amended complaint dated July 6, 2021 (FAC) unless otherwise indicated. Plaintiff, Carey’s older brother by 10 years (NYSCEF 45, FAC 7), was born with “cerebral palsy, grand mal and petit mal epilepsy, and a left leg which was several inches shorter than the right…[H]e later overcame his disabilities” (id., 9) and during his childhood, he briefly stayed at the Sagamore Children’s Psychiatric Center (id., 42). Since then, plaintiff has worked at “iconic nightclubs such as Studio 54,” as a personal trainer for celebrity clients, and has written for Men’s Fitness Magazine. (id.,

9-10). He also developed Korean musical acts (id., 13) and with his wife, has written two screenplays, one of which has been optioned for a film (id., 14). Carey is a “world-renowned musician, singer and songwriter” (id., 8); Macmillan is a book publisher (id.,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›