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Defamation Claim Against Hyperallergic Dismissed

Paul, Weiss achieved a significant victory for the art and culture website Hyperallergic and related defendants in a defamation case brought by Peter Paul Biro, who engages in art authentication work via fingerprint analysis. Justice Manuel J. Mendez of the New York State Supreme Court granted Hyperallergic's motion to dismiss in full for failure to state a cause of action. Biro, who previously sued The New Yorker and various re-publisher defendants in New York federal court over a 2010 New Yorker article concerning the practice of art authentication and Biro's fingerprint authentication work, alleged that an article on Hyperallergic, which referenced the New Yorker article as well as the federal court case, defamed him. Hyperallergic argued that Biro had failed to state any claim for defamation or defamation by implication because the challenged statements were protected opinion, plaintiff had not adequately pled a claim for defamation by implication, and plaintiff had failed to plead facts sufficient to demonstrate actual malice and was collaterally estopped from arguing otherwise. Justice Mendez agreed with all of our arguments.

The Paul, Weiss team included litigation partner Jay Cohen, counsel Darren Johnson and associates Danielle Polebaum and Michael Nadler. Danielle Polebaum argued the motion.

November 7, 2014

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