Opinion
2003-02444.
Decided June 28, 2004.
In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dillon, J.), dated March 3, 2003, which granted the defendant's motion pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action.
Howard L. Blau, New York, N.Y., for appellant.
Gellert Quartararo, P.C., Poughkeepsie, N.Y. (David R. Wise of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court correctly determined that the statements allegedly made by the Head of School of the Dutchess Day School did not constitute slander per se ( see Liberman v. Gelstein, 80 N.Y.2d 429, 435-436; Aronson v. Wiersma, 65 N.Y.2d 592, 594; Falk v. Anesthesia Assocs. of Jamaica, 228 A.D.2d 326, 328; Chernick v. Rothstein, 204 A.D.2d 508, 509; Warlock Enters. v. City Ctr. Assocs., 204 A.D.2d 438; Bryant v. Kinder, 204 A.D.2d 377, 378). In the absence of allegations of special damages, the plaintiff failed to state a cause of action to recover damages for slander ( see Liberman v. Gelstein, supra; Aronson v. Wiersma, supra; Falk v. Anesthesia Assocs. of Jamaica, supra; Bryant v. Kinder, supra).
In view of the foregoing, we need not reach the plaintiff's remaining contention.
The defendant's request for the imposition of a sanction is denied.
FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.