Opinion
Argued October 19, 1999
December 2, 1999
In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), entered September 10, 1998, which granted the defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action.
Dollinger, Gonski Grossman, Carle Place, N.Y. (Matthew Dollinger and Mindy Wallach of counsel), for appellant.
Farrell Fritz, P.C., Uniondale, N.Y. (Dolores Fredrich and Jennifer Mone of counsel), for respondents.
DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff, Energy Brands, Inc., produces bottled drinking water under the name Glaceau. It commenced this action to recover damages for defamation after Glaceau was named in a press release issued by the defendants discussing problematic findings of tests performed on 100 brands of bottled drinking water sold in Nassau County. Contrary to the plaintiff's assertions on appeal, the statements at issue, which, inter alia, had implications as to the health and welfare of consumers, were protected by privilege (see,Park Knoll Assoc. v. Schmidt, 59 N.Y.2d 205 ; Clark v. McGee, 49 N.Y.2d 613 ;Stukuls v. State of New York, 42 N.Y.2d 272 ). Thus, even taking the allegations of the complaint as true and giving every reasonable inference to the plaintiff, dismissal of the complaint was warranted (see, Sanders v. Winship, 57 N.Y.2d 391 ; Morone v. Morone, 50 N.Y.2d 481 ).
RITTER, J.P., JOY, GOLDSTEIN, and McGINITY, JJ., concur.