ARISTOCRAT PLASTIC SURGERY v. SILVA (2024)

Supreme Court, Appellate Division, First Department, New York.

ARISTOCRAT PLASTIC SURGERY P.C. doing business as Aristocrat Plastic Surgery & Medaesthetics, et al., Plaintiffs–Appellants, v. Paige SILVA, Defendant–Respondent.

2942

Decided: October 31, 2024

Manzanet–Daniels, J.P., Friedman, Gesmer, Shulman, Michael, JJ.

Bronster LLP, New York (Don Abraham of counsel), for appellants. Jones Law Firm, P.C., New York (T. Bryce Jones of counsel), for respondent.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered October 4, 2023, which, to the extent appealed from, granted defendant's motion pursuant to Civil Rights Law § 70–a for an award of costs and attorneys’ fees, unanimously affirmed, without costs.

Defendant was properly awarded costs and attorneys’ fees pursuant to Civil Rights Law § 70–a based upon this Court's order in the prior appeal (see Aristocrat Plastic Surgery, P.C. v. Silva, 206 A.D.3d 26, 27, 32, 169 N.Y.S.3d 272 [1st Dept. 2022]). Contrary to plaintiffs’ contention, the motion court's dismissal of the action pursuant to CPLR 3211(a)(7) for failure to state a claim, from which plaintiffs did not appeal, established that plaintiffs commenced and continued this action without “a substantial basis in fact and law.” Therefore, defendant was entitled to costs and attorneys’ fees under the anti-SLAPP laws (Civil Rights Law § 70–a[1][a]; see Reeves v. Associated Newspapers, Ltd., ––– A.D.3d ––––, 218 N.Y.S.3d 19 [1st Dept. 2024]; 215 W. 85th St. Owner LLC v. Bailey, 217 A.D.3d 488, 488–489, 191 N.Y.S.3d 368 [1st Dept. 2023]).

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