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Sam v. Enquirer/Star Group, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 4, 1996
223 A.D.2d 360 (N.Y. App. Div. 1996)

Opinion

January 4, 1996

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).


The statement in defendant's August 27, 1991 article that plaintiff, a well known publicist, had been diagnosed with cancer does not constitute libel per se. Cancer is not a loathsome disease ( Chuy v Philadelphia Eagles Football Club, 595 F.2d 1265, 1280-1282) and it cannot be said that society as a whole views it, as urged by plaintiff, as a sexually transmitted disease. Under plaintiffs' analysis, pneumonia or colds would fall into the same category because of their association with AIDS. To the contrary, "there is no authority for classifying [cancer] among the diseases of which false imputations are defamatory" ( Cruz v Latin News Impacto Newspaper, 216 A.D.2d 50, 52 [statement that plaintiff had tuberculosis is not defamatory]).

Finally, inasmuch as we find the complained of statements are not defamatory, the claims of the corporate plaintiff must likewise fall.

Concur — Rubin, J.P., Kupferman, Williams and Tom, JJ.


Summaries of

Sam v. Enquirer/Star Group, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 4, 1996
223 A.D.2d 360 (N.Y. App. Div. 1996)
Case details for

Sam v. Enquirer/Star Group, Inc.

Case Details

Full title:CHEN SAM et al., Respondents, v. ENQUIRER/STAR GROUP, INC., Appellant

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

Date published: Jan 4, 1996

Citations

223 A.D.2d 360 (N.Y. App. Div. 1996)
636 N.Y.S.2d 49

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