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CHICHERCHIA v. CLEARY

207 A.D.2d 855 (1994)

616 N.Y.S.2d 647

Frank A. Chicherchia, Respondent, v. Ann M. Cleary et al., Appellants

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

September 26, 1994

Ordered that the order is affirmed, with costs.

For there to be recovery in libel, it must be established that the defamation was "of and concerning the plaintiff" (Gross v Cantor, 270 N.Y. 93, 96; Bee Publ. v Cheektowaga Times, 107 A.D.2d 382; 43A NY Jur 2d, Defamation and Privacy, § 44; Prosser and Keeton, Torts § 111, at 783 [5th ed]). The burden, it has been held, "is not a light one" (Geisler v Petrocelli...

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