Appellate Division of the Supreme Court of New York, 1996

Longariello v. City of New York

Longariello v. City of New York
Appellate Division of the Supreme Court of New York · Decided July 22, 1996
229 A.D.2d 519; 644 N.Y.S.2d 1018; 1996 N.Y. App. Div. LEXIS 7885
Longariello v. City of New York

Opinion of the Court

—In an action, inter alia, to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Kings County (Greenstein, J.), entered October 14, 1994, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

To state a cause of action to recover damages for defamation a plaintiff must allege, inter alia, that the defendant published a defamatory statement to a third party (see, McGill v Parker, *520179 AD2d 98, 106; Moye v Gary, 595 F Supp 738, 740). Since the plaintiff has failed to make such an allegation, the Supreme Court properly dismissed the defamation claims.

The plaintiff’s remaining contentions are without merit. Rosenblatt, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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