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MATHERSON v. MARCHELLO

100 A.D.2d 233 (1984)

Robert W. Matherson et al., Appellants, v. Anthony Marchello et al., Respondents

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

March 26, 1984

Attorney(s) appearing for the Case

Patrick Kevin Brosnahan, Jr., for appellants.

Allen Wolfsont for respondents.

THOMPSON, BRACKEN, and RUBIN, JJ., concur.

TITONE, J. P.

In this defamation action, plaintiffs Robert W. Matherson and Carolyn E. Matherson appeal from an order of the Supreme Court, Suffolk County, which, upon a motion made pursuant to CPLR 3211 (subd [a], par 7), in effect dismissed their complaint for failure to state a cause of action. Plaintiffs were granted leave to replead, setting forth allegations of special damages. We hold that the statements complained of constitute libel, actionable...

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