Privitera v. Town of Phelps
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The central question on this appeal is whether it is slander per se to charge another with membership in the Mafia. We hold that it is not, but we find that plaintiffs have sufficiently pleaded special damages to sustain their slander cause of action.
Plaintiffs allege in their complaint that in 1977 they were owners of real property located in the defendant Town of Phelps and that defendant DeBar was the head of the town zoning board and its Building Inspector. On June 2, plaintiffs appeared in DeBar’s office with contract purchasers of their land named Durham,…
2Cases cited32 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Paul v. DavisSupreme Court of the United States · 1976
- Gomez v. ToledoSupreme Court of the United States · 1980
- Lynch v. Household Finance Corp.Supreme Court of the United States · 1972
- Moore v. . FrancisNew York Court of Appeals · 1890
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3Cited by48 opinions
- Liberman v. GelsteinNew York Court of Appeals · 1992
- Matherson v. MarchelloAppellate Division of the Supreme Court of the State of New York · 1984
- Kelly v. L.L. Cool J.District Court, S.D. New York · 1992
- Jason C. Weldy v. Piedmont Airlines, Inc.Court of Appeals for the Second Circuit · 1993
- Houbigant, Inc. v. ACB Mercantile, Inc.District Court, S.D. New York · 1995
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