Ansonia Tenants' Coalition, Inc. v. Collazo

Appellate Division of the Supreme Court of New York

Ansonia Tenants' Coalition, Inc. v. Collazo

251 A.D.2d 163, 673 N.Y.S.2d 1002, 1998 N.Y. App. Div. LEXIS 7315

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 18, 1998

StatusPublished

This text of 251 A.D.2d 163 (Ansonia Tenants' Coalition, Inc. v. Collazo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ansonia Tenants' Coalition, Inc. v. Collazo, 251 A.D.2d 163, 673 N.Y.S.2d 1002, 1998 N.Y. App. Div. LEXIS 7315 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, New York County (David Saxe, J.), entered April 10, 1997, which, to the extent appealed from as limited by appellants’ brief, granted the motion of defendant Deborah Dwork to dismiss the third cause of action alleging libel, unanimously affirmed, with costs.

As the letter of July 27, 1995 drafted by defendant Dwork did not tend “ ‘to expose [plaintiffs] to hatred, contempt or aversion, or to induce an evil or unsavory opinion of [them] in the minds of a substantial number in the community’ ” (Tracy v Newsday, Inc., 5 NY2d 134, 135, quoting Nichols v Item Publs., 309 NY 596, 600), the motion court properly found that the complaint failed to state a cause of action for libel per se as against Dwork (supra). Nor did plaintiffs plead special damages with sufficient particularity to identify actual losses, as would be necessary to sustain a claim for non-per se libel against Dwork (see, Matherson v Marchello, 100 AD2d 233, 237). Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (David Saxe, J.), entered April 10, 1997, which, to the extent appealed from as limited by appellants’ brief, granted the motion of defendant Deborah Dwork to dismiss the third cause of action alleging libel, unanimously affirmed, with costs.

As the letter of July 27, 1995 drafted by defendant Dwork did not tend “ ‘to expose [plaintiffs] to hatred, contempt or aversion, or to induce an evil or unsavory opinion of [them] in the minds of a substantial number in the community’ ” (Tracy v Newsday, Inc., 5 NY2d 134, 135, quoting Nichols v Item Publs., 309 NY 596, 600), the motion court properly found that the complaint failed to state a cause of action for libel per se as against Dwork (supra). Nor did plaintiffs plead special damages with sufficient particularity to identify actual losses, as would be necessary to sustain a claim for non-per se libel against Dwork (see, Matherson v Marchello, 100 AD2d 233, 237). Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 163, 673 N.Y.S.2d 1002, 1998 N.Y. App. Div. LEXIS 7315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ansonia-tenants-coalition-inc-v-collazo-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack