PRIVITERA v. TN OF PHELPS


79 A.D.2d 1 (1981)

Samuel F. Privitera, Jr., et al., Appellants, v. Town of Phelps et al., Respondents

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

January 23, 1981


Attorney(s) appearing for the Case

Robert F. Wood, P. C. (Kenneth I. Markham of counsel), for appellants.

Nixon, Hargrave, Devans & Doyle (Edward J. Burns of counsel), for Town of Phelps, respondent.

Max Cohen for Roy DeBar, respondent.

DILLON, P. J., SCHNEPP and DOERR, JJ., concur with SIMONS, J.; CARDAMONE, J., concurs in result only in a separate opinion.


SIMONS, J.

The central question on this appeal is whether it is slander per se to charge another with membership in the Mafia. We hold that it is not, but we find that plaintiffs have sufficiently pleaded special damages to sustain their slander cause of action.

Plaintiffs allege in their complaint that in 1977 they were owners of real property located in the defendant Town of Phelps and that defendant...

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