Fleischer v. NYP Holdings, Inc., 104 A.D.3d 536 (N.Y. App. Div. 2013). · Go Syfert
Fleischer v. NYP Holdings, Inc., 104 A.D.3d 536 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
46 citation events (46 in the last 25 years) across 5 distinct courts.
Strongest positive: Meirowitz v. Pizzaro (nysupctnewyork, 2026-03-12)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Meirowitz v. Pizzaro
N.Y. Sup. Ct., New York Cty. · 2026 · confidence medium
The claim here “fall[s] within the ambit of other traditional tort liability” (Fleischer v NYP Holdings, Inc., 104 AD3d 536, 538 [1st Dept 2013]; see Fischer v Maloney, 43 NY2d 553, 557-558 [1978]; Matthaus v Hadjedj, 148 AD3d 425, 426 [1st Dept 2017]; Rodgers v City of New York, 106 AD3d 1068, 1070 [2d Dept 2013]; Leonard v Reinhardt, 20 AD3d 510, 510 [2d Dept 2005]; Stuart v Porcello, 193 AD2d 311, 315 [3d Dept 1993]), specifically, the medical malpractice cause of action (see Fleischer v Zhang, 228 AD3d 484 , 485 [1st Dept 2024]).
discussed Cited as authority (rule) Miranda v. New York-Presbyterian Hosp.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
The claim here “fall[s] within the ambit of other traditional tort liability,” specifically, the false imprisonment, assault, battery, and defamation causes of action (Fleischer v NYP Holdings, Inc., 104 AD3d 536, 538 [1st Dept 2013]; see Fischer v Maloney, 43 NY2d 553, 557-558 [1978]; Matthaus v Hadjedj, 148 AD3d 425, 426 [1st Dept 2017]; Rodgers v City of New York, 106 AD3d 1068, 1070 [2d Dept 2013]; Leonard v Reinhardt, 20 AD3d 510, 510 [2d Dept 2005]; Stuart v Porcello, 193 AD2d 311, 315 [3d Dept 1993]).
discussed Cited as authority (rule) Reeves v. Associated Newspapers, Ltd. (2×)
N.Y. App. Div. · 2024 · confidence medium
Karl's cause of action for prima facie tort was also duplicative of the defamation claim ( Fleischer , 104 AD3d at 538-539; Matthaus v Hadjedj , 148 AD3d 425, 426 [1st Dept 2017]).
discussed Cited as authority (rule) Reeves v. Associated Newspapers, Ltd. (2×)
N.Y. App. Div. · 2024 · confidence medium
Karl's cause of action for prima facie tort was also duplicative of the defamation claim ( Fleischer , 104 AD3d at 538-539; Matthaus v Hadjedj , 148 AD3d 425, 426 [1st Dept 2017]).
discussed Cited as authority (rule) Fleischer v. Zhang
N.Y. App. Div. · 2024 · confidence medium
The court properly dismissed plaintiff's third cause of action for intentional infliction of emotional distress because her allegations supporting this claim are the same as those supporting the medical malpractice claim ( see Fleischer v NYP Holdings, Inc. , 104 AD3d 536, 538-539 [1st Dept 2013], lv denied 21 NY3d 858 [2013]).
discussed Cited as authority (rule) Karl Reeves, C.E.I.N.Y. Corp. v. Associated Newspapers, Ltd. (2×)
N.Y. App. Div. · 2024 · confidence medium
Karl's cause of action for prima facie tort was also duplicative of the defamation claim ( Fleischer , 104 AD3d at 538-539; Matthaus v Hadjedj , 148 AD3d 425, 426 [1st Dept 2017]).
discussed Cited as authority (rule) Karl Reeves, C.E.I.N.Y. Corp. v. Associated Newspapers, Ltd. (2×)
N.Y. App. Div. · 2024 · confidence medium
Karl's cause of action for prima facie tort was also duplicative of the defamation claim ( Fleischer , 104 AD3d at 538-539; Matthaus v Hadjedj , 148 AD3d 425, 426 [1st Dept 2017]).
cited Cited as authority (rule) Karl Reeves, C.E.I.N.Y. Corp. v. ASSOCIATED NEWSPAPERS, LTD
N.Y. App. Div. · 2023 · confidence medium
Reeves' cause of action for prima facie tort was also duplicative of the defamation claim ( Fleischer, 104 AD3d at 538-539; Matthaus v Hadjedj , 148 AD3d 425, 426 [1st Dept 2017]).
cited Cited as authority (rule) Karl Reeves, C.E.I.N.Y. Corp. v. ASSOCIATED NEWSPAPERS, LTD
N.Y. App. Div. · 2023 · confidence medium
Reeves' cause of action for prima facie tort was also duplicative of the defamation claim ( Fleischer, 104 AD3d at 538-539; Matthaus v Hadjedj , 148 AD3d 425, 426 [1st Dept 2017]).
discussed Cited as authority (rule) Barbash v. STX Financing, LLC (2×)
S.D.N.Y. · 2020 · confidence medium
She pleaded guilty to “intentionally caus[ing] stupor, unconsciousness, and other physical impairment and injury to Victim One by administering to Victim One, without his consent, a drug, substance and preparation capable of producing the same.” That she also possessed the drugs “is an inference well supported by the record.” Fleischer v. NYP Holdings, Inc., 961 N.Y.S.2d 393, 393 (1st Dep’t 2013). 3 It is assumed for purposes of this Opinion, without deciding the issue, that the statement in the Pressler Article that Barbash had concocted the drink given to victims does not render th…
discussed Cited as authority (rule) Ripka v. County of Madison
N.Y. App. Div. · 2018 · confidence medium
Plaintiff's causes of action for tortious interference with business relations and prima facie tort cannot survive, as they are based on the same substantive facts pleaded with respect to her defamation cause of action and, thus, are duplicative of that claim ( see Matthaus v Hadjedj , 148 AD3d 425, 426 [2017]; Perez v Violence Intervention Program , 116 AD3d 601 , 602 [2014], lv denied 25 NY3d 915 [2015]; Fleischer v NYP Holdings, Inc. , 104 AD3d 536, 538-539 [2013], lv denied 21 NY3d 858 [2013]; Curren v Carbonic Sys., Inc. , 58 AD3d 1104, 1109 [2009]; Butler v Delaware Otsego Corp. , 203 AD…
discussed Cited as authority (rule) Coscia v. El Jamal
N.Y. App. Div. · 2017 · confidence medium
Since the allegations underlying the cause of action to recover damages for prima facie tort fall within the ambit of traditional tort liability for malicious prosecution and complete relief can be afforded under that concept, the prima facie tort cause of action must be dismissed as duplicative (see Fleischer v NYP Holdings, Inc., 104 AD3d 536, 538-539 [2013]; see generally Freihofer v Hearst Corp., 65 NY2d 135 , 142-143 [1985]).
cited Cited as authority (rule) Tannerite Sports, LLC v. NBCUniversal News Group
2d Cir. · 2017 · confidence medium
The plaintiff contended that a 15 newspaper article falsely stated “that a popular Soho restaurant was closed 16 because of her regular complaints.” Id. at 394.
cited Cited as authority (rule) Tannerite Sports, LLC v. NBCUniversal News Group
2d Cir. · 2017 · confidence medium
The plaintiff contended that a newspaper article falsely stated “that a popular Soho restaurant was closed because of her regular complaints.” Id. at 394.
discussed Cited as authority (rule) Bacon v. Nygard
N.Y. App. Div. · 2016 · confidence medium
The intentional infliction of emotional distress and prima facie tort claims are duplicative since the underlying allegations fall “within the ambit of” the defamation causes of action (see Fleischer v NYP Holdings, Inc., 104 AD3d 536, 538-539 [1st Dept 2013], lv denied 21 NY3d 858 [2013]).
discussed Cited "see" Reid v. Mckelvey
S.D.N.Y. · 2024 · signal: see · confidence high
See Fleischer v. NYP Holdings, Inc., 961 N.Y.S.2d 393 , 394–95 (1st Dep’t 2013) (dismissing claim for defamation for failure to state a claim and dismissing claim for intentional infliction of emotional distress as duplicative of defamation claim); McCollum v. Baldwin, 688 F. Supp. 3d 117 , 133 (S.D.N.Y. 2023) (same).
discussed Cited "see" Moore v. City of New York
S.D.N.Y. · 2024 · signal: see · confidence high
See Fleischer v. NYP Holdings, Inc., 961 N.Y.S.2d 393, 395 (1st Dep’t 2013) (dismissing IIED claim as duplicative when the underlying allegations fell “within the ambit of other traditional tort liability, namely, plaintiff’s cause of action sounding in defamation”); Vivar v. City of New York, No. 18 Civ. 5987, 2020 WL 1505654 , at *16 (S.D.N.Y.
discussed Cited "see, e.g." Abello v. NYP Holdings, Inc.
N.Y. Sup. Ct., New York Cty. · 2026 · signal: see also · confidence low
The intentional infliction of emotional distress claims, which are premised on the same facts as the defamation claims, are dismissed as duplicative (see Matthaus v Hadjedj, 148 AD3d 425 [lstDept2017]; see also Bacon v Nygard, 140 AD3d 577,578 [1st Dept 2016] citing Fleischer v NYP Holdings, Inc., 104 AD3d 536 , 538-539 [1st Dept 2013], Iv. denied21 NY3d 858 [2013]).
Retrieving the full opinion text from the archive…
Georgette Fleischer
v.
NYP Holdings, Inc., Doing Business as The New York Post
Appellate Division of the Supreme Court of the State of New York.
Mar 19, 2013.
104 A.D.3d 536
Cited by 10 opinions  |  Published

Judgment, Supreme Court, New York County (Milton A. Tingling, J), entered June 27, 2012, dismissing the complaint in[*537] its entirety, unanimously affirmed, without costs. Appeals from orders (same court and Justice), entered September 28, 2011 and March 26, 2012, respectively, which, upon consolidating the CPLR 3211 (a) (7) motion to dismiss the complaint brought by defendants Gawker Media, LLC and Gothamist LLC with a motion for the same relief brought by defendant NYP Holdings, Inc., granted the motions and granted defendants Nadine Johnson and Nadine Johnson & Associates, Inc.’s (collectively Johnson defendants) motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

In this action for defamation and invasion of privacy, plaintiff alleges that she was defamed by false statements written about her in two articles that appeared in the New York Post, dated May 11, 2011 and May 12, 2011, and that she suffered injury to her personal reputation and in her trade or profession as an English professor (see e.g. LeBlanc v Skinner, 103 AD3d 202 [2d Dept 2012]). The articles also appeared on defendant NYP’s website and related articles appeared on defendants Gothamist’s and Gawker’s websites.

The challenged statements in the May 11, 2011 article, when read in context, do not constitute false factual statements, which is a sine qua non of a libel claim (see Sandals Resorts Intl. Ltd. v Google, Inc., 86 AD3d 32, 40-43 [1st Dept 2011]; see also Thomas H. v Paul B., 18 NY3d 580, 584 [2012]). Plaintiff alleges that the article contained false statements that a popular Soho restaurant was closed because of her regular complaints regarding noise and smoke emission and that she made reference to the restaurant’s owners as “acting like barbarians.” However, the article does not explicitly state that the restaurant was closed due to her complaints. Rather, the article quoted city officials who stated that the restaurant was shuttered for serious building code violations. At most, the article suggests that the inspections resulted from plaintiff’s complaints, which is an inference well supported by the record, including plaintiff s own allegations. Expressions of opinion are non-actionable (see generally Steinhilher v Alphonse, 68 NY2d 283 [1986]). Additionally, plaintiff does not deny stating that the restaurant owners were “acting like barbarians.” Accordingly, the first cause of action against defendant NYP Holdings for defamation, predicated upon its May 11, 2011 article, was properly dismissed for failure to state a cause of action (see CPLR 3211 [a] [7]).

Plaintiffs second cause of action alleging defamation based on the May 12, 2011 article was also properly dismissed for failure to state a cause of action. This article opined that plaintiff[*538] was as “bothersome” to her students as she had been to the commercial establishments in her neighborhood. It quoted one of plaintiffs former students who stated that plaintiff had “ridiculous” mood swings, would “create issues” to get students “in trouble,” and was a “narc.” Such vague terms indicate non-actionable expressions of opinion. We note that plaintiff never refuted NYP’s assertion that she declined to respond to the former students alleged remarks. Having been afforded a timely opportunity to respond undermines her claim that publication of the challenged statements was made with reckless disregard (see generally Sprewell v NYP Holdings, Inc., 43 AD3d 16, 21 [1st Dept 2007]). Plaintiffs bald allegation that the former student never made such remarks, is conclusory and lacks factual support. In any event, since the article makes it clear that the statements came from a former student, no basis exists for a reasonable reader to conclude that the author was relating incontrovertible facts about the experiences of plaintiffs students (see Sprewell, 43 AD3d at 21).

Plaintiffs allegations that all defendants, including the Johnson defendants, engaged in a conspiracy to defame her are speculative and insufficient to sustain such claim. There are no factual allegations to support a claim of conspiratorial conduct. Plaintiff does not allege that the Johnson defendants made defamatory comments about her, nor does she allege that the Johnson defendants instructed NYfl Gawker and/or Gothamist to make or publish defamatory comments about her.

Plaintiffs third and fourth causes of action alleging “invasion of privacy” claims against the Gothamist and Gawker, respectively, under sections 50 and 51 of the Civil Rights Law were also properly dismissed for failure to state a cause of action. The blog columns maintained by these defendants each had links to the faculty page on the website of the college where plaintiff teaches which contained plaintiffs photograph and scholastically relevant personal information. The information at issue — the closing of a popular New York City restaurant and the complaints against it lodged by plaintiff, a local resident and college professor — was newsworthy, and plaintiffs photograph bore a real relationship to the story. Accordingly, no remedy is available to plaintiff pursuant to sections 50 and 51 of the Civil Rights Law (see Howell v New York Post Co., 81 NY2d 115, 122-123 [1993]; Bement v N.Y.P. Holdings, 307 AD2d 86, 89-90 [1st Dept 2003], lv denied 100 NY2d 510 [2003]).

Plaintiffs fifth and sixth causes of action alleging prima facie tort and intentional infliction of emotional distress against each of the defendants, were properly dismissed as duplicative. The[*539] underlying allegations fall within the ambit of other traditional tort liability, namely, plaintiffs cause of action sounding in defamation (see Freihofer v Hearst Corp., 65 NY2d 135, 142-143 [1985]; Akpinar v Moran, 83 AD3d 458, 459 [1st Dept 2011], lv denied 17 NY3d 707 [2011]). In any event, plaintiff fails to state a claim as to either cause of action, inasmuch as the record undermines any allegation that the challenged articles and postings were published solely for malevolent purposes (see Amodei v New York State Chiropractic Assn., 160 AD2d 279 [1st Dept 1990], affd 77 NY2d 890 [1991]), and the allegations do not sufficiently allege conduct so extreme and atrocious as to support a claim for intentional infliction of emotional distress (see Howell, 81 NY2d at 122). Concur — Andrias, J.E, Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ.