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FECHE v. VIACOM INT'L INC.

233 A.D.2d 125 (1996)

649 N.Y.S.2d 782

Lauren Feche et al., Appellants, v. Viacom International, Inc., Doing Business as MTV Networks, et al., Respondents

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

November 7, 1996

We agree with the IAS Court that the remark, "whores", made by defendant "Kennedy" during a segment produced and broadcast by the other defendants, was not "`of and concerning'" plaintiffs, and is therefore nonactionable as libel (Springer v Viking Press, 60 N.Y.2d 916, 917). An average viewer would not, taking into account the context in which the remark was uttered, perceive that "Kennedy" was making a factual statement about plaintiffs...

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