Legal Opinion
Garland v. Vermilyea
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1982PublishedCited by 3 opinions
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered August 14,1981 in Greene County, which granted defendant’s motion to dismiss the complaint, with leave to replead. This libel and slander action is grounded on allegations that defendant falsely stated that plaintiff had ac*1045cused another of theft. Since the offensive publication is not defamatory per se, the complaint, to withstand a motion to dismiss, must plead special damages ('Wehringer u Allen-Stevenson School, 46 AD2d 641, affd 37 NY2d 864, cert den 424 US 924; Grinaldo v Meusburger, 34 AD2d 586, 587, app…
2Cases cited8 opinions
- Morrison v. National Broadcasting Co.New York Court of Appeals · 1967
- ATI, Inc. v. Ruder & Finn, Inc.New York Court of Appeals · 1977
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Bishop v. . New York Times Co.New York Court of Appeals · 1922
- Grinaldo v. MeusburgerAppellate Division of the Supreme Court of the State of New York · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- King v. TannerNew York Supreme Court · 1989
- Talbot v. Johnson Newspaper Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Rolle v. NolanCivil Court of the City of New York · 1983