ESTRADA v. RAU (2025)

Supreme Court, Appellate Term, New York,

Geraldine ESTRADA, Plaintiff-Appellant, v. Alicia RAU, Defendant-Respondent.

571189 /25

Decided: November 19, 2025

PRESENT: James, P.J., Brigantti, Alpert, JJ.

Order (Hilary Gingold, J.), entered April 29, 2021, affirmed, without costs.

The motion court properly granted summary judgment dismissing the defamation complaint on the ground that it was barred by the one-year statute of limitations (see CPLR 215 [3]; Dashdevs LLC v Capital Mkts. Placement, Inc., 210 AD3d 525, 526 [2022]). The alleged defamatory statements by defendant allegedly occurred in 2014, more than five years before plaintiff commenced this action in 2020 (see CPLR 215 [3]; Ghatak v McKinsey & Co., 240 AD3d 429, 430-431 [2025]). Plaintiff's conclusory allegation that the defamation was “ongoing” was insufficient to raise any issue of fact (see Dashdevs LLC v Capital Mkts. Placement, Inc., 210 AD3d at 526).

We considered plaintiff's remaining contentions and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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