Appeal from an order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), entered October 12, 2012. The order denied plaintiff's motion for summary judgment on the complaint and dismissing the counterclaim.

ORDERED that the order is modified by providing that the branch of plaintiff's motion seeking summary judgment dismissing the counterclaim is granted; as so modified, the order is affirmed, without costs.

Plaintiff commenced this action to recover for defendant's alleged breach of a country club membership agreement pursuant to which defendant had executed a promissory note in the sum of $7,500. The promissory note provides, among other things, that the "note shall be forgiven by [plaintiff] if [defendant] remains as a full golf member in good standing for calendar years 2009, 2010 and 2011." Defendant's verified answer alleges that he paid plaintiff an agreed-upon fee in order to remain in good standing during the period in which he took a leave of absence from the country club. Defendant's answer contained a counterclaim seeking damages for defamation.

Plaintiff moved for summary judgment on the complaint, and dismissing the counterclaim on the ground that the counterclaim fails to state a cause of action. Defendant opposed the motion, alleging that he was a member in good standing and that he was current in his membership. The District Court denied plaintiff's motion in its entirety.

The District Court properly denied the branch of plaintiff's motion seeking summary judgment on the complaint. Defendant established that triable issues of fact exist regarding his status as a member in good standing and as to whether the conditions set forth in the note, pursuant to which plaintiff is seeking payment, had not been triggered based upon defendant having obtained a leave of absence from plaintiff. The branch of plaintiff's motion seeking summary judgment dismissing defendant's counterclaim for defamation should have been granted because defendant did not comply with the special pleading requirement that the particular defamatory words be set forth in the pleading (CPLR 3016; Epifani v Johnson, 65 AD3d 224 [2009]).

Accordingly, the order is modified by providing that the branch of plaintiff's motion seeking summary judgment dismissing the counterclaim is granted.

LaSalle, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: January 10, 2014