677 N.Y.S.2d 575 | N.Y. App. Div. | 1998
Order, Supreme Court, New York County (David Saxe, J.), entered September 6, 1996, which granted plaintiff’s motion for a preliminary injunction and denied defendants’ cross motion to dismiss the complaint and for summary judgment upon their claims for compensatory and punitive damages, attorneys’ fees and costs pursuant to CPLR 8303-a and Civil Rights Law § 70 et seq., unanimously affirmed, with costs.
The order enjoining defendants and all persons acting on
The IAS Court also correctly concluded that plaintiffs action is not a SLAPP (strategic lawsuit against public participation) suit (Civil Rights Law § 76-a [1] [a]; Bell v Little, 250 AD2d 485; Harfenes v Sea Gate Assn., 167 Misc 2d 647, 650-651), that it is not frivolous (CPLR 8303-a; see, Matter of Entertainment Partners Group v Davis, 198 AD2d 63), and that the documentary evidence did not definitively dispose of the matter (see, Fischbach & Moore v Howell Co., 240 AD2d 157). We have considered defendants’ other contentions and find them to be without merit. Concur — Sullivan, J. P., Nardelli, Mazzarelli and Andidas, JJ.