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Santosus v. Sternlight

ORDERED that this motion by the defendant, Steven A. Sternlicht, to dismiss the plaintiff's action sounding in libel for alleged false and malicious statements pursuant to CPLR §3211 (a)(7) because the plaintiff fails to state a cause of action is hereby granted in its entirety and the plainti.....

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ORDERED that this motion by the defendant, Steven A. Sternlicht, to dismiss the plaintiff’s action sounding in libel for alleged false and malicious statements pursuant to CPLR §3211 (a)(7) because the plaintiff fails to state a cause of action is hereby granted in its entirety and the plaintiff’s action is dismissed. The defendant’s request for sanctions, attorney’s fees and costs is denied.

Plaintiff instituted this action against the defendant, an attorney, for alleged false and malicious statements made to a newspaper in an article (expose) named “Preying on Immigrant’s Dreams: Realtor Accused in Housing Scam” printed on August 16, 2002. The defendant was representing two buyers of homes, Velasquez and Turcios, in a civil action and both buyers sought mortgages with a broker, the plaintiff, at Northland Mortgage. Plaintiff is alleged to have falsified and forged mortgage information so that these buyers would be approved for a mortgage even though their earnings and asset value were improperly inflated by the plaintiff without their knowledge. The article in Newsday on August 16, 2002 focused on the underlying civil lawsuit as well as the federal criminal charges of bank fraud.

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