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Simpson-Quin v. Montejano

Court Dismisses Defamation Claims as Time-Barred and for Lack of Specificity

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OPINION & ORDER Plaintiff Lucien Simpson-Quin (“Plaintiff”) initiated these related actions to recover damages for losses incurred allegedly as a result of defamation by Defendant Alyssa Montejano (“Defendant Montejano”) and unlawful ejectment by Defendant 19 India Fee Owner LLC (“Defendant 19 India”). See Dkt. No. 34 (Plaintiff’s Amended Consolidated Complaint, hereinafter the “Complaint” or “Compl.”). Before the Court is Defendant Montejano’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(c), Dkt. No. 43, and Defendant 19 India’s motion to dismiss pursuant to Rule 12(b)(1), 12(b)(6), and alternatively 12(d), Dkt. No. 48. For the reasons set forth below, Defendant Montejano’s motion to dismiss is GRANTED, and Defendant 19 India’s motion to dismiss is GRANTED. FACTS AND PROCEDURAL HISTORY Prior to September 2022, Plaintiff had been in a years-long intimate relationship with Defendant Montejano.1 Compl. 15. In 2019, the couple moved into a rental apartment on India Street in Brooklyn, New York (“the Apartment”) in a building owned by Defendant 19 India. Id. 18. Plaintiff and Defendant Montejano lived there together until September 16, 2022. Id. 19. Plaintiff alleges that in September of 2022, Defendant Montejano made defamatory statements about Plaintiff to the police, to Plaintiff’s employer, and to Defendant 19 India. Id.

12-14. Plaintiff alleges that Defendant Montejano made statements to police regarding an alleged domestic violence incident that occurred on September 9, 2022; Defendant Montejano’s written criminal complaint is dated September 10, 2022. Id.

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