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STEPANOV v. DOW JONES & COMPANY INC.

No. 150534/12, 11593.

120 A.D.3d 28 (2014)

987 N.Y.S.2d 37

2014 NY Slip Op 3940

MAXIM A. STEPANOV et al., Appellants, v. Dow JONES & COMPANY, INC., Respondent.

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

Decided May 29, 2014.

Attorney(s) appearing for the Case

Ganfer & Shore, LLP, New York City ( Steven Skulnik of counsel), for appellants.

Davis Wright Tremaine, LLP, New York City ( Laura R. Handman,   Camille Calman and Jason P. Conti of counsel), for respondent.

ACOSTA, J.P., SAXE, MOSKOWITZ and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

FEINMAN, J.

Nearly two decades ago, the Court of Appeals acknowledged that there existed an open question under New York law regarding which test to apply to claims of defamation by implication, but did not reach the issue and concluded that the choice must "await another day" (Armstrong v Simon & Schuster, 85 N.Y.2d 373, 381 [1995]). While no appellate court in this state has since addressed...

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