This decision involved a defamation action brought against the Daily News, L.P. (Daily News) and the author of an article contained therein. The defendants moved to dismiss the complaint pursuant to CPLR 3211(a) (1), (7) and (g)(1) and for sanctions and\or costs pursuant to CPLR §8303-a and 22 NYCRR §130-1.1.

The plaintiff real estate investor commenced the subject action after he was named in “online and print articles of the Daily News (articles).” The online version was entitled “Brooklyn Developer Accused of Swindling Vulnerable Homeowners.” The front-page print version of the article headline was “B’KLYN LAND SHARK! Real estate baron ripped by families and courts, subject to several suits.” The print article included plaintiff’s photograph, which he characterized as “retouched, to give him a ‘sinister appearance’.” The article continued inside the newspaper with a headline that stated, “OWNERS BEWARE OF THIS BUYER,” with a sub-headline “Slam real- estate mogul as wolf preying on sellers in newly upscale B’klyn nabes….” The article reported that the plaintiff had been involved in several purchases of real property which had later been the subject of litigation.