Cangro v Reitano
2012 NY Slip Op 00911 [92 AD3d 483]
February 9, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Jennifer Cangro, Appellant,
v
Gina Marie Reitano, Respondent.

[*1] Jennifer Cangro, appellant pro se.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered October 4, 2010, which, insofar as appealed from as limited by the brief, granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

Because this action raises the same claims as those raised in a previous action that was dismissed as time-barred, it is foreclosed by res judicata (see Ginezra Assoc. LLC v Ifantopoulos, 70 AD3d 427, 429 [2010]; CPLR 3211 [a] [5]). In any event, the complaint states no causes of action upon which relief may be granted, as it merely sets forth bare legal conclusions (see Caniglia v Chicago Tribune-N.Y. News Syndicate, 204 AD2d 233 [1994]; CPLR 3211 [a] [7]). Moreover, even considering the merits of the defamation claims, the alleged defamatory statements were privileged as they were made in the course of court proceedings (see Mintz & Gold, LLP v Zimmerman, 56 AD3d 358, 359 [2008]).

We have considered plaintiff's remaining contentions and find them unavailing. Concur—Tom, J.P., Sweeny, Acosta, Renwick and RomÁn, JJ.