DI PORTANOVA v. NEW YORK NEWS, INC.


80 A.D.2d 820 (1981)

Enrico Di Portanova et al., Appellants, v. New York News, Inc., Doing Business as Daily News, Respondent, et al., Defendant

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

March 31, 1981


Even assuming that the reference to a particular house in Acapulco may be deemed to be "of and concerning" the plaintiffs, the article is not defamatory of plaintiffs and is thus not libelous.

Lupiano, J. (concurring).

I concur in result. Because the article requires an innuendo to establish its libelous character, plaintiffs must plead special damages which they have not done. Thus, the first cause of action fails to state a cause of action....

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