Opinion
June 28, 1949.
Present — Peck, P.J., Glennon, Cohn, Callahan and Van Voorhis, JJ.
The alleged defamatory words set forth in the second cause of action are not in themselves actionable. In order that they be so, it must be shown that they were uttered in such circumstances as to impute to the plaintiff the commission of a criminal offense. The extrinsic facts, as pleaded in paragraph "4" of the complaint, which plaintiff contends rendered the otherwise nonactionable words actionable, do not warrant the conclusory allegation that plaintiff was charged with being a thief. Order unanimously modified to the extent of dismissing the second cause of action, with leave to replead and, as so modified, affirmed, with $20 costs and disbursements to the appellant.