REJENT v. LIBERATION PUBLS.


197 A.D.2d 240 (1994)

James M. Rejent, Respondent, v. Liberation Publications, Inc., Appellant

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

May 12, 1994


Attorney(s) appearing for the Case

Adam M. Cohen of counsel (Donald F. Schneider with him on the brief; Feltman, Karesh, Major & Farbman, attorneys), for appellant.

Wayne O. Alpern of counsel (Kornstein, Veisz & Wexler, attorneys), for respondent.

CARRO, WALLACH and ROSS, JJ., concur with SULLIVAN, J. P.; KUPFERMAN, J., dissents in a separate opinion.


SULLIVAN, J. P.

This appeal, from the denial of a motion to dismiss a cause of action for defamation as legally insufficient (CPLR 3211 [a] [7]), presents the issue of whether an advertisement featuring a picture of plaintiff, a professional male model, is, as he contends, reasonably susceptible of the defamatory connotation that he is "sexually lustful, promiscuous and immoral" and, if it is, whether it is...

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