spite" can properly defeat it. (Def. Dismiss Rep. at 9). Dershowitz cites no binding authority that would impel the Court to limit the holding of the New York Court of Appeals in Liberman v. Gelstein 80 N.Y.2d at 434, 590 N.Y.S.2d 857, 605 N.E.2d 344, in this way. Instead of citing a case, Dershowitz invokes