Legal Opinion

McMillian v. Atlantic Oldsmobile, Ltd.

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

Decided December 23, 1985PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for defamation and breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County (Velsor, J.), entered April 17, 1984, which denied their motion to serve an amended complaint.

Order reversed, with costs, and motion granted. Amended complaint attached to the motion papers is deemed served.

Two of plaintiffs’ original causes of action sounding in slander were dismissed for failing to state a cause of action. Plaintiffs did not allege special damages, and the allegedly slanderous words did not "necessarily” impute the commission of a crime.…

2Cases cited5 opinions

  1. Privitera v. Town of PhelpsAppellate Division of the Supreme Court of the State of New York · 1981
  2. Harris v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1935
  3. Mishkin v. RoreckNew York Supreme Court · 1952
  4. Klein v. RathheimNew York Supreme Court · 1966
  5. Luciano v. CorentiAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by1 opinion

  1. Jacobs v. HaberAppellate Division of the Supreme Court of the State of New York · 1987

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