Longariello v. City of New York

Appellate Division of the Supreme Court of New York

Longariello v. City of New York

229 A.D.2d 519, 644 N.Y.S.2d 1018, 1996 N.Y. App. Div. LEXIS 7885

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

DecidedJuly 22, 1996

StatusPublished

This text of 229 A.D.2d 519 (Longariello v. City of New York) 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

Longariello v. City of New York, 229 A.D.2d 519, 644 N.Y.S.2d 1018, 1996 N.Y. App. Div. LEXIS 7885 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In an action, inter alia, to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Kings County (Greenstein, J.), entered October 14, 1994, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

To state a cause of action to recover damages for defamation a plaintiff must allege, inter alia, that the defendant published a defamatory statement to a third party (see, McGill v Parker, [520]*520179 AD2d 98, 106; Moye v Gary, 595 F Supp 738, 740). Since the plaintiff has failed to make such an allegation, the Supreme Court properly dismissed the defamation claims.

The plaintiff’s remaining contentions are without merit. Rosenblatt, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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—In an action, inter alia, to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Kings County (Greenstein, J.), entered October 14, 1994, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

To state a cause of action to recover damages for defamation a plaintiff must allege, inter alia, that the defendant published a defamatory statement to a third party (see, McGill v Parker, [520]*520179 AD2d 98, 106; Moye v Gary, 595 F Supp 738, 740). Since the plaintiff has failed to make such an allegation, the Supreme Court properly dismissed the defamation claims.

The plaintiff’s remaining contentions are without merit. Rosenblatt, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

229 A.D.2d 519, 644 N.Y.S.2d 1018, 1996 N.Y. App. Div. LEXIS 7885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longariello-v-city-of-new-york-nyappdiv-1996.

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