McMILLIAN v. ATL. OLDSMOBILE, LTD.


115 A.D.2d 645 (1985)

Joseph J. McMillian et al., Appellants, v. Atlantic Oldsmobile, Ltd., et al., Respondents

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

December 23, 1985


Order reversed, with costs, and motion granted. Amended complaint attached to the motion papers is deemed served.

Two of plaintiffs' original causes of action sounding in slander were dismissed for failing to state a cause of action. Plaintiffs did not allege special damages, and the allegedly slanderous words did not "necessarily" impute the commission of a crime. Thus the need to plead special damages was not obviated (see, Privitera v Town of Phelps<...

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