Gunduz v. New York Post Co.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered September 23, 1991, granting defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

The allegedly defamatory headline "public enemy no. 1”, was a fair index of the truthful matter contained in the related news article and is therefore not actionable (see, Schermerhorn v Rosenberg, 73 AD2d 276, 286). Plaintiff dis*295counts the impact of the adjacent sub-headline "City moves to yank license of Apple’s 'worst taxi driver’ ”. While the sub-headline appears in much…