Acosta v. Fidelity New York

Full title: SALOMON ACOSTA, Appellant, v. FIDELITY NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 13, 1996

227 A.D.2d 424 (N.Y. App. Div. 1996)

643 N.Y.S.2d 361

Opinion

May 13, 1996

Appeal from the Supreme Court, Suffolk County (Newmark, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendants' motion to dismiss the plaintiff's second and third causes of action sounding in defamation. The plaintiff failed to comply with the requirement set forth in CPLR 3016 (a) that the "particular words complained of shall be set forth in the complaint" (CPLR 3016 [a]; see also, Varela v. Investors Ins. Holding Corp., 185 A.D.2d 309). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.