Opinion
November 17, 1966
Order entered May 27, 1966, denying defendants' motion to dismiss the second cause of action, unanimously reversed, on the law, with $50 costs and disbursements to defendants-appellants, and the motion granted. The alleged discourteous language leveled at plaintiffs is regrettable but not actionable absent allegations of special damages. ( Villemin v. Brown, 193 App. Div. 777. ) Plaintiffs do not contend otherwise; they assume for this appeal that the utterance is not slanderous per se and rely on the breach of the carrier's duty to refrain from abusing its passengers. A common carrier is liable to a passenger for humiliation and injury to feelings consequent on the abuse and impudence of its employees. ( Gillespie v. Brooklyn Heights R.R. Co., 178 N.Y. 347.) Here, however, the occurrence was not on the cruise ship and not related to the contract of carriage. ( Zeccardi v. Yonkers R.R. Co., 190 N.Y. 389, 391.)
Concur — Breitel, J.P., McNally, Stevens, Steuer and Capozzoli, JJ.