[*1]
Gabara v Bodajlo
2006 NY Slip Op 52554(U) [14 Misc 3d 134(A)]
Decided on December 11, 2006
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 11, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2006-98 Q C.

Atef M. Gabara, Appellant,

against

Mary Bodajlo, Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (Charles J. Markey, J.), dated August 3, 2005. The order, insofar as appealed from as limited by the brief, granted defendant's motion to the extent of dismissing the complaint.


Order, insofar as appealed from, affirmed without costs.

In this action to recover damages for defamation, malicious prosecution, and harassment, and based on a claim denominated as "[w]asting time and makes me sick," we agree with the court below that all four claims contained in the complaint failed to state a cause of action (CPLR 3211 [a] [7]), and therefore the complaint was properly dismissed. New York does not recognize a civil cause of action for harassment (see Edelstein v Farber, 27 AD3d 202 [2006]; Hartman v 536/540 E. 5th St. Equities, Inc., 19 AD3d 240 [2005]; Broadway Cent. Prop. v 682 Tenant Corp., 298 AD2d 253, 254 [2002]; General Motors Acceptance Corp. v Desbiens, 213 AD2d 886, 888 [1995]). Plaintiff's cause of action for defamation must be dismissed because plaintiff did not comply with the special pleading requirement that the particular defamatory words be set forth in the complaint (CPLR 3016; Well v Yeshiva Rambam, 300 AD2d 580 [2000]; Poplawski v Metropolitan Prop. & Cas. Ins. Co., 262 AD2d 543 [1999]). Plaintiff failed to state a cause of action for malicious prosecution since he did not allege that defendant commenced and continued a proceeding against him that terminated in plaintiff's favor (see generally Ward v Silverberg, 85 NY2d 993, 994[1995]; Broughton v State of New York, 37 NY2d 451, 457 [1975]). Finally, "wasting time and makes me sick" does not state a cognizable [*2]cause of action (see generally Couch v Schmidt, 204 AD2d 951 [1994]). For the foregoing reasons, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Golia and Belen, JJ., concur.
Decision Date: December 11, 2006