Legal Opinion
Chicherchia v. Cleary
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1994PublishedCited by 23 opinions
1Opinion of the Court
—In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Rockland County (Bergerman, J.) dated March 1, 1993, which granted the plaintiff’s motion to dismiss their counterclaim to recover damages for defamation.
Ordered that the order is affirmed, with costs.
For there to be recovery in libel, it must be established that the defamation was "of and concerning the plaintiff” (Gross v Cantor, 270 NY 93, 96; Bee Publ. v Cheektowaga Times, 107 AD2d 382; 43A NY Jur 2d, Defamation and Privacy, § 44; Prosser and Keeton, Torts § 111, at 783 [5th…
2Cases cited2 opinions
- Gross v. CantorNew York Court of Appeals · 1936
- Bee Publications, Inc. v. Cheektowaga Times, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by23 opinions
- Elias v. Rolling Stone LLCCourt of Appeals for the Second Circuit · 2017
- Greenberg v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2017
- Excellus Health Plan, Inc. v. TranDistrict Court, W.D. New York · 2003
- Three Amigos SJL Rest., Inc. v. CBS News Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Seymour v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1995
18 more not listed; retrieve them via the Exa API.