Mr. Tabak was already aware of the lawsuit between the parties regarding the Ritz Plaza and offered to mediate the dispute. As such the first counterclaim cannot survive this dismissal motion. B. First Counterclaim on Behalf of Arbor Arbor National Commercial Mortgage, LLC was never mentioned by Plaintiff. Hence, the claim by Arbor cannot survive. If he had done so, I never heard it, and it had no effect on Mr. Kaufman's reputation at Lehman Brothers, or on any dealings he had with Lehman Brothers.
Defendants offer no evidence that the statement was made or that it damaged Defendants.
As such, summary judgment in Plaintiffs favor regarding the second counterclaim is appropriate. This constitutes the decision and Order of the Court.