From Casetext: Smarter Legal Research

Jackson v. Quinn

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 1040 (N.Y. App. Div. 1992)

Opinion

November 18, 1992

Appeal from the Supreme Court, Monroe County, Affronti, J.

Present — Callahan, J.P., Pine, Lawton, Boehm and Davis, JJ.


Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint in this libel action because, as a matter of law, the article was not of and concerning either the individual or the corporate plaintiff (see, Carlucci v Poughkeepsie Newspapers, 57 N.Y.2d 883, 885; Allen v Gordon, 86 A.D.2d 514, affd 56 N.Y.2d 780). The reading public that was acquainted with plaintiffs and the subject of the article could not take the article, which never mentioned either plaintiff by name, to be "of and concerning" them (Carlucci v Poughkeepsie Newspapers, supra, at 885). In view of our determination, we do not address the parties' remaining contentions.


Summaries of

Jackson v. Quinn

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 18, 1992
187 A.D.2d 1040 (N.Y. App. Div. 1992)
Case details for

Jackson v. Quinn

Case Details

Full title:DELIJAH JACKSON et al., Appellants, v. JOHN J. QUINN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 18, 1992

Citations

187 A.D.2d 1040 (N.Y. App. Div. 1992)

Citing Cases

Lenz Hardware, Inc. v. Wilson

Applying these principles to the matter at hand, we agree with Supreme Court's determination. Viewed in the…

Emergency Enclosures, Inc. v. National Fire Adjustment Co.

In addition, the bare allegations set forth in the cause of action for unfair competition, insofar as it is…