Cangro v Marangos
2009 NY Slip Op 02661 [61 AD3d 430]
April 7, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


Jennifer Cangro, Appellant,
v
John Z. Marangos, Respondent.

[*1] Jennifer Cangro, appellant pro se.

John Z. Marangos, Staten Island, respondent pro se.

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered January 22, 2008, which denied plaintiff's motion for an order "granting compensatory and punitive damages" and setting a trial date, and granted defendant's cross motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

The allegations in the complaint and in plaintiff's affidavit constitute "bare legal conclusions" (see Caniglia v Chicago Tribune-N.Y. News Syndicate, 204 AD2d 233, 233-234 [1994]). Plaintiff's fraud claims are not pleaded with the requisite particularity (CPLR 3016 [b]). Her defamation claims fail because the alleged offending statements were made in the context of a judicial proceeding to which they were directly related (see Sexter & Warmflash, P.C. v Margrabe, 38 AD3d 163, 174-176 [2007]). Concur—Andrias, J.P., Friedman, McGuire and Moskowitz, JJ.