Kyle P. Barrett

Jura Zibas (Partner-New York, NY) and Stephen Barrett (Of Counsel-New York, NY) obtained dismissal on pleadings in a defamation lawsuit stemming from a dispute between two neighbors that also resolved a rarely litigated point of law regarding causes of action under N.Y. Civ. Rights Law § 52-a. The conflict began when Wilson Elser’s client requested that a sign be removed from their neighbor’s fence because it was scaring the clients’ young daughter. The plaintiff responded defiantly and began to put up increasingly intimidating signs, garnering the attention of the media, including the New York Post. After Wilson Elser’s client installed security cameras on their property for protection, the plaintiff filed a “kitchen sink” lawsuit alleging defamation and intentional infliction of emotional distress, abuse of process, private nuisance, trespass, prima facie tort and a rarely invoked violation of N.Y. Civ. Rights Law § 52-a. Jura and Stephen filed a motion to dismiss on the pleadings, which was granted in its entirety.