CAPPELLINO v. RITE-AID OF NEW YORK, INC.


152 A.D.2d 934 (1989)

Peter F. Cappellino et al., Appellants, v. Rite-Aid of New York, Inc., Respondent

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

July 12, 1989


Order unanimously reversed on the law with costs, defendant's motion denied and complaint reinstated.

Memorandum:

The court erred in granting defendant's motion to dismiss plaintiffs' complaint for libel. The sole issue is whether the words complained of are susceptible of a defamatory interpretation. The words were contained on a sign prominently displayed behind the video rental counter at defendant's store in Buffalo for several months, despite plaintiffs...

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