Jackson v. Quinn

Appellate Division of the Supreme Court of New York

Jackson v. Quinn

187 A.D.2d 1040, 593 N.Y.S.2d 484, 1992 N.Y. App. Div. LEXIS 14136

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

DecidedNovember 18, 1992

StatusPublished

Cited by1 cases

This text of 187 A.D.2d 1040 (Jackson v. Quinn) 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

Jackson v. Quinn, 187 A.D.2d 1040, 593 N.Y.S.2d 484, 1992 N.Y. App. Div. LEXIS 14136 (N.Y. Ct. App. 1992).

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Opinion

Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint in this libel action because, as a matter of law, the article was not of and concerning either the individual or the corporate plaintiff (see, Carlucci v Poughkeep[1041]*1041sie Newspapers, 57 NY2d 883, 885; Allen v Gordon, 86 AD2d 514, affd 56 NY2d 780). The reading public that was acquainted with plaintiffs and the subject of the article could not take the article, which never mentioned either plaintiff by name, to be "of and concerning” them (Carlucci v Poughkeepsie Newspapers, supra, at 885). In view of our determination, we do not address the parties’ remaining contentions. (Appeal from Order and Judgment of Supreme Court, Monroe County, Affronti, J. — Dismiss Complaint.) Present — Callahan, J. P., Pine, Lawton, Boehm and Davis, JJ.

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Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint in this libel action because, as a matter of law, the article was not of and concerning either the individual or the corporate plaintiff (see, Carlucci v Poughkeep[1041]*1041sie Newspapers, 57 NY2d 883, 885; Allen v Gordon, 86 AD2d 514, affd 56 NY2d 780). The reading public that was acquainted with plaintiffs and the subject of the article could not take the article, which never mentioned either plaintiff by name, to be "of and concerning” them (Carlucci v Poughkeepsie Newspapers, supra, at 885). In view of our determination, we do not address the parties’ remaining contentions. (Appeal from Order and Judgment of Supreme Court, Monroe County, Affronti, J. — Dismiss Complaint.) Present — Callahan, J. P., Pine, Lawton, Boehm and Davis, JJ.

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Bluebook (online)

187 A.D.2d 1040, 593 N.Y.S.2d 484, 1992 N.Y. App. Div. LEXIS 14136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-quinn-nyappdiv-1992.

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