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SMITH v. CATSIMATIDIS

Nos. 7775, 652034/10.

95 A.D.3d 737 (2012)

944 N.Y.S.2d 878

2012 NY Slip Op 4100

JONATHAN K. SMITH, Appellant, v. JOHN A. CATSIMATIDIS, Respondent.

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

Decided May 29, 2012.

The IAS court correctly determined that the allegedly defamatory statement contains nothing that would allow a reader to discern that it was "of and concerning" plaintiff (Giaimo v Literary Guild, 79 A.D.2d 917, 917 [1981]; Salvatore v Kumar, 45 A.D.3d 560, 563 [2007], lv denied 10 N.Y.3d 703 [2008]; see generally Prince v Fox Tel. Stas...

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