Summary of New York Anti-SLAPP Cases
Below is a list of cases in which courts have granted anti-SLAPP motions under the amended statute. This list will be updated monthly.
In each case, a SLAPP target prevailed on an anti-SLAPP motion, establishing their entitlement to attorneys’ fees under the law’s mandatory fee-shifting provision. This summary notes, for each case: (1) the subject matter of the SLAPP; (2) the basic facts of the case; (3) the claims that the court determined were subject to anti-SLAPP dismissal; (4) the attorney representing the SLAPP-filer; (5) the procedural stage at which the court granted the anti-SLAPP motion; and (6) whether the target of the SLAPP prevailed initially in the trial court or after appealing an order denying their anti-SLAPP motion.
The cited court orders can be downloaded for free from WebCivil Supreme: WebCivil Supreme - Case Search (state.ny.us).
1. 215 W 84th St Owner LLC v. Bailey, Index No. 153752/2022 (New York County, Sep. 12, 2022); Appeal No. 450 Case No. 2022-04072 (First Department, Jun. 13, 2023)
Subject matter: Landlord-tenant; petitioning activity - litigation
Facts: A landlord sued a lawyer and law firm for conduct while representing a tenant in a holdover proceeding in Housing Court – specifically, advising their client to apply to the Emergency Rental Assistance Program for assistance with rental arrears in order to stay the landlord’s holdover suit.
SLAPP Claims: Abuse of process, tortious interference
Attorneys for Plaintiff: Morrison Cohen LLP
Procedural stage: pleadings
Outcome: Prevailed on appeal
2. AA Medical P.C. v. Keane, Index No. 601108/2022 (Suffolk County, Oct. 24, 2022)
Subject matter: Employment
Facts: An orthopedic surgeon’s office sued its former administrative assistant for, among other things, telling customers that the company had obtained fraudulent Google reviews.
SLAPP Claims: Business disparagement
Attorneys for Plaintiff: Law Office of Tejal Shah
Procedural stage: pleadings
Outcome: Prevailed in the trial court
3. Amuze v. Better Business Bureau, Index No. 651529/2022 (New York County, Mar. 3, 2023)
Subject matter: Consumer review
Facts: Amuze, an online clothing retailer, sued the Better Business Bureau of Grreater Maryland, a consumer review website, for hosting negative comments about Amuze from customers.
SLAPP Claims: defamation, intentional infliction of emotional distress
Attorneys for Plaintiff: Gulko Schwed LLP
Procedural stage: pleadings
Outcome: Prevailed in the trial court
4. Aristocrat Plastic Surgery P.C. v. Silva, Index. No. 153200/21 (New York County, Aug. 20. 2021); Appeal No. 15597, Case No. 2021-03637 (First Department, May 19, 2022)
Subject matter: Consumer review
Facts: A plastic surgeon’s office sued a patient for posting consumer reviews on Yelp and Realself accusing her doctor of botching her surgery.
SLAPP Claims: defamation, tortious interference, intentional infliction of emotion distress
Attorneys for Plaintiff: Bronster LLP
Procedural stage: pleadings
Outcome: Prevailed on appeal
5. Behar v. Daily News, Index No. 154447/2022 (New York County, Apr. 24, 2023)
Subject matter: Media - news reporting
Facts: Steven Behar, a candidate for New York City Council, sued the Daily News and one of its journalists for negative coverage during an election cycle.
SLAPP Claims: defamation
Attorneys for Plaintiff: Michael G. Scala, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
6. Brown v. 287 LES JV LLC, Index No. 152386/2022 (New York County, Aug. 16, 2022)
Subject matter: Landlord-tenant; petitioning activity - litigation
Facts: Condominium unit owners sued a building owner for construction defects, and the building owner asserted a counterclaim for defamation for distributing a letter to other unit owners criticizing the building owner.
SLAPP Claims: defamation
Attorneys for defendant/counter-claim plaintiff: Quinn McCabe LLP
Procedural stage: pleadings
Outcome: Prevailed in the trial court
7. Carey v. Carey, Index No. 152192/2021 (New York County, Feb. 15, 2022)
Subject matter: Media - book publishing
Facts: The Plaintiff, Mariah Carey’s older brother, sued Mariah Carey and the Macmillan Publishing Group, the publisher of her memoir, for allegedly defamatory statements in her memoir about her brother.
SLAPP Claims: defamation
Attorneys for plaintiff: Richard A. Altman, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
8. Comic Strip Productions v. Envivo, LLC, Index No. 150484/2022 (New York County, Apr. 11, 2023)
Subject matter: Media - news reporting
Facts: A comedy club sued an online news publication for reporting on the comedy club’s commentary on Instagram likening COVID vaccine mandates to the persecution of Jews during the holocaust.
SLAPP Claims: defamation
Attorneys for plaintiff: Mark Yosef, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
9. Epoch Group, Inc. v. Politico, LLC, Index No. 652753/2021 (New York County, Dec. 9, 2021)
Subject matter: Media - news reporting
Facts: A news outlet, The Epoch Times, sued another news outlet, Politico, for an article depicting the Epoch Times as an extremist and pro-Trump news source.
SLAPP Claims: defamation
Attorneys for plaintiff: Lewis & Lin, LLC
Procedural stage: pleadings
Outcome: Prevailed in the trial court
10. Gillespie v. Kling, Index No. 158959/2021 (New York County, Nov. 2, 2022)
Subject matter: Media - podcast; domestic dispute
Facts: The plaintiff sued his ex-spouse for discussing allegations of domestic abuse on a podcast, allegedly in violation of a non-disparagement provision in their separation agreement.
SLAPP Claims: defamation, breach of contract
Attorneys for plaintiff: Richard A. Altman, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
11. Golan v. Daily News, Index No. 151135/2022 (New York County, Oct. 3, 2022)
Subject matter: Media - news reporting
Facts: The plaintiff, a real estate developer, sued the Daily News and one of its journalists for an article accusing the plaintiff of dishonest business practices.
SLAPP Claims: defamation
Attorneys for plaintiff: Richard A. Altman, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
12. Goureau v. NBC Universal Media, LLC, Index No. 160490/2021 (New York County Feb. 7, 2023, July 19, 2023)
Subject matter: Commercial dispute
Facts: The owners of a chain of women’s luxury retail clothing stores sued the producers and host of The Profit, a business-themed reality television show in which the host helps small businesses grow, for alleged fraud in its commercial dealings with plaintiffs.
SLAPP Claims: various claims, including fraud, breach of fiduciary duty, breach of contract, and breach of the implied covenant of good faith and fair dealing, unjust enrichment, and defamation
Attorneys for plaintiff: Gerard Fox Law, P.C.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
13. Great Wall Medicine P.C. v. Levine, Index No. 157517/2017 (New York County, Mar. 8, 2022)
Subject matter: Consumer review
Facts: A medical office sued a former patient for consumer reviews on Yelp, Zocdoc, and Facebook accusing the plaintiff of unethical medical and billing practices
SLAPP Claims: defamation
Attorneys for plaintiff: Lewis & Lin LLC
Procedural stage: pleadings
Outcome: Prevailed in the trial court
14. Haart v. Scaglia, Index No. 158329/2022 (New York County, May 11, 2023)
Subject matter: Media – reality television, news reporting
Facts: The plaintiff, a fashion designer who appeared on the Netflix reality television show My Unorthodox Life, sued her ex-husband for defamation based on his allegedly defamatory public media campaign against her following their divorce.
SLAPP Claims: defamation
Attorneys for plaintiff: Anderson Kill, P.C., Lavely & Singer PC
Procedural stage: pleadings
Outcome: Prevailed in the trial court
15. Harris v. American Accounting Association, 20 Civ. 01057 (NDNY Nov. 24, 2021)
Subject matter: Academic publishing
Facts: A Syracuse University Professor sued the American Accounting Association for publishing an article that plaintiff alleged plagiarized his work and passed off his findings as the authors’ own.
SLAPP Claims: common law unfair competition
Attorneys for plaintiff: None (pro se)
Procedural stage: pleadings
Outcome: Prevailed in the trial court
16. Isaly v. Garde, Index No. 160699/2018 (New York County, February 13, 2024)
Subject matter: Media – news reporting; discrimination in employment
Facts: A biotech hedge fund manager sued an online healthcare news outlet for reporting allegations of workplace harassment against the plaintiff.
SLAPP Claims: defamation
Attorneys for plaintiff: ]Carter, Ledyard & Milburn LLP
Procedural stage: pleadings
Outcome: Prevailed in the trial court
17. Javino v. Newsday, Index No. 607954/2023 (Suffolk County, Sep. 12, 2023)
Subject matter: Media – news reporting
Facts: The plaintiff sued the Long Island news publication Newsday for defamation based on the mistaken inclusion of plaintiff’s photograph in an article about the criminal sentencing of a boat captain who intentionally sank his boat to avoid the expense of lawfully retiring the boat.
SLAPP Claims: defamation
Attorneys for plaintiff: None (pro se)
Procedural stage: pleadings
Outcome: Prevailed in the trial court
18. Kearns v. Ishida, Index No. 161364/2020 (New York County, June 8, 2021; Oct. 7, 2022)
Subject matter: Consumer review
Facts: A cosmetic surgeon sued a patient for posting a consumer review on Yelp criticizing the plaintiff’s medical and customer service practices.
SLAPP Claims: defamation
Attorneys for plaintiff: Ralph A. Erbaio, Jr.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
19. Khandker v. Maria, Index. No. 708671/2020 (Queens County, Aug. 17, 2021)
Subject matter: Sexual assault; social media
Facts: A doctor sued several former patients for social media posts and a Change.org petition accusing the plaintiff of sexual assault.
SLAPP Claims: defamation, tortious interference, prima facie tort
Attorneys for plaintiff: Lewis & Lin, LLC; Aaron M. Rubin, Esq.
Procedural stage: summary judgment
Outcome: Prevailed in the trial court
20. Moby v. Morgan Stanley, Index. No. 159425/2021 (New York County, Sep. 8, 2022)
Subject matter: Commercial dispute
Facts: An Italian shipping company sued its United States and European creditors for allegedly sharing insider information in the course of discussions in opposition to a proposed corporate restructuring and for related litigation activity.
SLAPP Claims: tortious interference
Attorneys for plaintiff: Quinn Emmanuel Urquhart & Sullivan, LLP
Procedural stage: pleadings
Outcome: Prevailed in the trial court
21. Money Ground, Inc. v. Eldridge St. Block Association, Index No. 157396/2022 (New York County, May 10, 2023)
Subject matter: Business licensing; petitioning activity - litigation
Facts: The plaintiff, who sought to open a bar and tavern and applied for a liquor license, sued a community organization and several of its members for opposing the application at a Community Board meeting and for bringing an Article 78 proceeding challenging the New York State Liquor Authority’s decision granting the license.
SLAPP Claims: abuse of process, commercial disparagement, and tortious interference
Attorneys for plaintiff: Abrams, Gorelick, Friedman & Jacobson, LLP
Procedural stage: summary judgment
Outcome: Prevailed in the trial court
22. Mora v. Koch, Index No. 2022/54141 (Dutchess County, Apr. 4, 2023)
Subject matter: Petitioning activity - administrative complaint
Facts: A judge sued an office manager at an ophthalmology office for submitting a complaint to New York Office of Judicial Conduct after the plaintiff allegedly refused to wear a face mask in the medical office and engaged in a dispute with the defendant over the medical office’s masking requirement.
SLAPP Claims: defamation
Attorneys for plaintiff: Michael H. Sussman, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
23. Myers v. Mobilization for Justice, Index No. 528314/2019 (Kings County, Feb. 1, 2021)
Subject matter: Landlord-tenant; petitioning activity – litigation
Facts: A landlord sued a tenant and its non-profit counsel for bringing an action in housing court seeking to remedy repair issues.
SLAPP Claims: tortious interference
Attorneys for plaintiff: Law Offices of Lee M. Nigen
Procedural stage: pleadings
Outcome: Prevailed in the trial court
24. Omansky v. Tribecca Citizen LLC, Index No. 160658/2021 (New York County, Aug 24, 2022)
Subject matter: Media – news reporting
Facts: A cooperative unit owner sued a local newspaper for criticizing the plaintiff for causing the cooperative to incur debt and for alleged criminal conduct.
SLAPP Claims: defamation
Attorneys for plaintiff: None (pro se)
Procedural stage: pleadings
Outcome: Prevailed in the trial court
25. Torres v. Marrero, Index. No. 154253/2020 (New York County, Aug. 2, 2022)
Subject matter: Dispute among neighbors
Facts: The plaintiff sued her neighbor for making complaints at a town hall meeting, to the local police, and to the plaintiff’s employer, regarding construction activity on the plaintiff’s property.
SLAPP Claims: defamation
Attorneys for plaintiff: Theodore Herlich, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
26. Transport Workers Union of Greater New York v. Singla, Index No. 509546/2020 (Kings County, Feb. 3, 2023)
Subject matter: Employment; petitioning activity - litigation
Facts: A union sued its former employee for allegedly violating her separation agreement by representing a former union employee in a discrimination lawsuit against the union.
SLAPP Claims: breach of contract
Attorneys for defendant/counter-claim plaintiff: Isaacs Bernstein, P.C.
Procedural stage: summary judgment
Outcome: Prevailed in the trial court
27. Travis v. Daily Mail, Index No. CV-010973-22NY (New York County, Mar. 31, 2023)
Subject matter: Media – news reporting
Facts: The plaintiff sued the Daily Mail for describing her as a “prostitute” in coverage of alleged assault by former governor Eliot Spitzer.
SLAPP Claims: defamation
Attorneys for plaintiff: None (pro se)
Procedural stage: pleadings
Outcome: Prevailed in the trial court
28. Trump v. Trump, Index No. 453299/2021 (New York County, May 3, 2023)
Subject matter: Media - news reporting
Facts: Former president Donald Trump sued the New York Times for allegedly causing his sister to share confidential documents with the paper in violation of a settlement agreement.
SLAPP Claims: Tortious interference, unjust enrichment
Attorneys for Plaintiff: Habba Madaio & Associates
Procedural stage: pleadings
Outcome: Prevailed in the trial court
29. Vaughn v. Giovanni Xu, Index. No. 160322/2020 (New York County, Aug. 17, 2022)
Subject matter: Discrimination in education; social media
Facts: A former teacher at the Manhattan school of music sued two of her former students for accusing her of race and sexual orientation discrimination on social media
SLAPP Claims: Defamation
Attorneys for Plaintiff: Criscione Ravala, LLP
Procedural stage: pleadings
Outcome: Prevailed in the trial court
30. VDARE v. NY Times, Index No. 156665/2020 (New York County, July 28, 2022)
Subject matter: Media - news reporting
Facts: An anti-immigration organization sued the NY Times for articles portraying the organization as a hate group.
SLAPP Claims: Defamation
Attorneys for Plaintiff: Frederick C. Kelly, Esq.
Procedural stage: pleadings
Outcome: Prevailed in the trial court
31. Washington v. Netflix Productions, LLC, Index No. 807646/2021E (Bronx County, Aug. 2, 2022)
Subject matter: Media - documentary
Facts: The parents of a subject of a documentary sued Netflix for using their likenesses and names without permission and for related factual misrepresentations and emotional distress.
SLAPP Claims: Defamation, intentional infliction of emotional distress, negligent infliction of emotion distress
Attorneys for Plaintiff: Seskin & Seskin
Procedural stage: pleadings
Outcome: Prevailed in the trial court
32. Zeitlin v. Cohan, Index No. 156829/2021 (New York County, Aug. 24, 2022)
Subject matter: Media – news reporting
Facts: The plaintiff, the CEO of Coach and Kate Spade, sued a ProPublica journalist for reporting allegations of sexual misconduct.
SLAPP Claims: Defamation, intentional infliction of emotional distress, negligent infliction of emotion distress
Attorneys for Plaintiff: Abrams Fensterman; Clare Locke
Procedural stage: pleadings
Outcome: Prevailed in the trial court