Mancini v. Marine Midland Bank, N. A.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing plaintiffs complaint. Contrary to plaintiffs assertions, we conclude that the statement contained in the information subpoena mailed to plaintiffs employer is not libelous per se (see, Wilson v Merrill Lynch, Pierce, Fenner & Smith, 111 AD2d 807, affd 66 NY2d 988; 43 NY Jur 2d, Defamation and Privacy, §§ 7, 8), and, therefore, the second, fourth and sixth causes of action were correctly dismissed. Moreover, the statements contained in the information subpoena…