Opinion
November 18, 1992
Appeal from the Supreme Court, Monroe County, Affronti, J.
Present — Callahan, J.P., Pine, Lawton, Boehm and Davis, JJ.
Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint in this libel action because, as a matter of law, the article was not of and concerning either the individual or the corporate plaintiff (see, Carlucci v Poughkeepsie Newspapers, 57 N.Y.2d 883, 885; Allen v Gordon, 86 A.D.2d 514, affd 56 N.Y.2d 780). The reading public that was acquainted with plaintiffs and the subject of the article could not take the article, which never mentioned either plaintiff by name, to be "of and concerning" them (Carlucci v Poughkeepsie Newspapers, supra, at 885). In view of our determination, we do not address the parties' remaining contentions.