Plonka v. Brown
Opinion of the Court
SUMMARY ORDER
Andreas Plonka appeals from a decision and order of the United States District Court for the Northern District of New York (McAvoy, J.), entered on July 2, 2003, dismissing his complaint against all defendants. Familiarity by the parties is assumed as to the facts, the procedural context, and the specification of appellate issues.
Appellant fails to state a claim for slander against appellee Brown because he alleges neither special damages nor slander per se. See Aronson v. Wiersma, 65 N.Y.2d 592, 594, 493 N.Y.S.2d 1006, 483 N.E.2d 1138 (1985) (a statement that “does not, on its face, defame plaintiff in her trade, business or profession ... does not constitute slander per se, actionable without proof of special damages”). We affirm the dismissal of the claims against the remaining defendants for substantially the reasons stated by the district court.
Reference
- Full Case Name
- Andreas PLONKA v. Richard BROWN, Assistant District Attorney of Otsego County, Donald Laraway, Former Unadilla Town Justice, Steven Clark, Town Justice of Unadilla, Karen Sastra, Town Justice of Unadilla, Frank Schaeffer, Former Town Justice of Sidney, Ronald Decker, Town Justice of Otego, Gerald Kramer, Attorney (Albany Bar), Andrew Skrabanski, State, Police Troop C (Sidney), Dean Edwards, State, Police, Troop C (Sidney), Lawrence L. Brown, State Police, Troop C (Sidney), Robert Gouldin, Attorney (Albany Bar), Michael Getman, Attorney (Albany Bar)
- Cited By
- 1 case
- Status
- Published