Opinion
October 1, 1999
Appeal from Order of Supreme Court, Yates County, Bender, J. — Summary Judgment.
PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.
Order insofar as appealed from unanimously reversed on the law without costs, cross motion granted and complaint in action No. 4 dismissed. Memorandum: Supreme Court erred in denying defendant's cross motion for summary judgment dismissing the complaint in action No. 4 for failure to state a cause of action for injurious falsehood ( see, Jonas v. Faith Props., 221 A.D.2d 959, 962). The complaint, as amplified by the submissions of plaintiffs in action No. 4 in support of their motion for joinder and in opposition to the cross motion, fails to allege that plaintiffs sustained special damages in the form of actual losses that are causally related to the alleged tortious acts ( see, Nyack Hosp. v. Empire Blue Cross Blue Shield, 253 A.D.2d 743, 744; Cambridge Assocs. v. Inland Vale Farm Co., 116 A.D.2d 684, 686; see generally, Lincoln First Bank v. Siegel, 60 A.D.2d 270, 280).