FRIEDMAN v. GARNET WINES LIQUORS INC (2026)

Order, Supreme Court, New York County (Verna L. Saunders, J.), entered on or about May 6, 2024, which granted defendant's motion to dismiss plaintiff's defamation claim, unanimously affirmed, with costs.

The court properly dismissed the defamation claim.  While the complaint adequately alleged the unauthorized, knowing or reckless publishing of a false statement (see Frechtman v. Gutterman, 115 A.D.3d 102, 104, 979 N.Y.S.2d 58 [1st Dept 2014] ), the statement, viewed in its totality, was not defamatory (see Liberman v. Gelstein, 80 N.Y.2d 429, 435, 590 N.Y.S.2d 857, 605 N.E.2d 344 [1992];  Geraci v. Probst, 15 N.Y.3d 336, 344, 912 N.Y.S.2d 484, 938 N.E.2d 917 [2010];  see also Franklin v. Daily Holdings, Inc., 135 A.D.3d 87, 94, 21 N.Y.S.3d 6 [1st Dept 2015] ).  Defendant's statement that plaintiff was “lying” was made in the context of a credit card chargeback dispute with plaintiff, who was defendant's customer (see Gross v. New York Times Co., 82 N.Y.2d 146, 156, 603 N.Y.S.2d 813, 623 N.E.2d 1163 [1993] ).  The statement, when viewed in this context, and viewed along with the remainder of defendant's written comment to the credit card company, constitutes nonactionable opinion (see Davis v. Boeheim, 24 N.Y.3d 262, 270, 998 N.Y.S.2d 131, 22 N.E.3d 999 [2014];  Zervos v. Trump, 171 A.D.3d 110, 128, 94 N.Y.S.3d 75 [1st Dept 2019], appeal dismissed 36 N.Y.3d 1083, 142 N.Y.S.3d 881, 166 N.E.3d 1059 [2021] ).

We have considered plaintiff's remaining arguments and find them unavailing.