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WEHRINGER v. ALLEN-STEVENSON SCH.

46 A.D.2d 641 (1974)

Helen M. Wehringer, Respondent, v. Allen-Stevenson School et al., Appellants

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

October 31, 1974

The material alleged to be defamatory is not libelous per se (see Tracy v. Newsday, Inc., 5 N.Y.2d 134; Berkson v. Time, Inc., 8 A.D.2d 352, affd. 7 N.Y.2d 1007), and in the absence of special damages, the complaint cannot withstand defendants' motion to dismiss pursuant to CPLR 3211 (subd. [a], par. 7) for failure to state a cause of action. See O...

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