Smulyan v. N.Y. Liquidation Bureau

• Decision Date: 08 February 2018
• Docket Number: 5638,Index 102021/15,5637,5636
• Citation: 158 A.D.3d 456,71 N.Y.S.3d 412
• Parties: Ira SMULYAN, Plaintiff–Appellant, v. NEW YORK LIQUIDATION BUREAU, et al., Defendants–Respondents.
• Court: New York Supreme Court — Appellate Division

158 A.D.3d 456

71 N.Y.S.3d 412

Ira SMULYAN, Plaintiff–Appellant,

v.NEW YORK LIQUIDATION BUREAU, et al., Defendants–Respondents.

5636

5637

5638

Index 102021/15

Supreme Court, Appellate Division, First Department, New York.

ENTERED: FEBRUARY 8, 2018

Ira Smulyan, appellant pro se.

Jackson Lewis P.C., White Plains (Michael A. Frankel of counsel), for New York Liquidation Bureau, respondent.

Daren J. Rylewicz, Albany (Leslie C. Perrin of counsel), for Civil Service Employees Association, respondent.

Hite & Beaumont, P.C., Albany (John H. Beaumont of counsel), for Allen C. DeMarco, respondent.

Renwick, J.P., Manzanet–Daniels, Andrias, Kapnick, Moulton, JJ.

Orders, Supreme Court, New York County (Shlomo Hagler, J.), entered April 19, 2016, which granted defendants' motions to dismiss the complaint as against them, unanimously affirmed, without costs.

The defamation claim against New York Liquidation Bureau (N.Y.LB), plaintiff's former employer, and Civil Service Employees Association (CSEA), the union of which he was formerly a member, is time-barred to the extent it is based on alleged instances of defamation that occurred before November 13, 2014—more than one year before plaintiff commenced this action (see CPLR 215[3] ). To the extent it is based on an alleged instance of defamation that occurred within the limitations period, the claim is wholly speculative (see Dillon v. City of New York, 261 A.D.2d 34, 38, 704 N.Y.S.2d 1 [1st Dept. 1999] ). Plaintiff contends, based on nothing but conjecture, that the reason he did not receive a job offer from a third party that was considering him for employment is that the third party contacted NYLB for a reference, and NYLB defamed him.

The fraud claims against NYLB and Alan C. DeMarco, the chairperson of its Performance Appraisal Appeal Board, allege collusion in connection with a 2009 grievance proceeding and plaintiff's 2010 separation from employment. These claims were waived under the...