Mackay v. Real Cars, Inc.

Appellate Division of the Supreme Court of New York

Mackay v. Real Cars, Inc.

215 A.D.2d 538, 626 N.Y.S.2d 548, 1995 N.Y. App. Div. LEXIS 5142

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

DecidedMay 15, 1995

StatusPublished

Cited by1 cases

This text of 215 A.D.2d 538 (Mackay v. Real Cars, Inc.) 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

Mackay v. Real Cars, Inc., 215 A.D.2d 538, 626 N.Y.S.2d 548, 1995 N.Y. App. Div. LEXIS 5142 (N.Y. Ct. App. 1995).

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Opinion

In an action to recover damages for defamation, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Segal, J.), dated March 7, 1994, which granted the motion of the defendant Real Cars, Inc., for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiffs have failed to show that the author of the allegedly defamatory article wrote the article on behalf of Real Cars, Inc., or in his capacity as president of Real Cars, Inc. Accordingly, Real Cars, Inc., cannot be held liable for defamation (see generally, Unker v Joseph Markovits, Inc., 643 F Supp 1043; Karaduman v Newsday, 51 NY2d 531; National Variety Artists v Mosconi, 169 Misc 982). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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In an action to recover damages for defamation, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Segal, J.), dated March 7, 1994, which granted the motion of the defendant Real Cars, Inc., for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiffs have failed to show that the author of the allegedly defamatory article wrote the article on behalf of Real Cars, Inc., or in his capacity as president of Real Cars, Inc. Accordingly, Real Cars, Inc., cannot be held liable for defamation (see generally, Unker v Joseph Markovits, Inc., 643 F Supp 1043; Karaduman v Newsday, 51 NY2d 531; National Variety Artists v Mosconi, 169 Misc 982). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

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Bluebook (online)

215 A.D.2d 538, 626 N.Y.S.2d 548, 1995 N.Y. App. Div. LEXIS 5142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackay-v-real-cars-inc-nyappdiv-1995.

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