McKinnon v. Smith

Plaintiffs and defendants are all members of the American Radio Association, a national labor union representing some 900 merchant marine radio operators. This action, seeking compensatory and punitive damages for libel, arises out of a union election campaign in which plaintiffs and defendants were the candidates. Defendants move, pursuant to CPLR 3211 (subd. [a], pars. 1, 7), to dismiss the amended complaint on the respective grounds (1) that this court lacks jurisdiction over the subject matter of the action and (2) that the amended complaint is legally insufficient.

The alleged defamatory…