In Gotbetter v. Dow Jones & Co., Inc., 259 A.D.2d 335 (1st Dep't 1999) the Appellate Division upheld the Supreme Court's dismissal of a plaintiff's defamation claim based on a defendant's statement that a previous suit was "baseless." Id. at 335-36. Federal Courts applying New York law have similarly found such statements about litigation not actionable where the context would signal to an observer that the statements are not conveying facts, but mere opinions.