Opinion
2012-05-29
Jonathan K. SMITH, etc., Plaintiff–Appellant, v. John A. CATSIMATIDIS, Defendant–Respondent.
Moore International Law PLLC, New York (Scott Michael Moore of counsel), for appellant. Law Offices of Nicholas C. Katsoris, New York (Vincent. J Tabone of counsel), for respondent.
Moore International Law PLLC, New York (Scott Michael Moore of counsel), for appellant. Law Offices of Nicholas C. Katsoris, New York (Vincent. J Tabone of counsel), for respondent.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 15, 2011, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
The IAS court correctly determined that the allegedly defamatory statement contains nothing that would allow a reader to discern that it was “of and concerning” plaintiff ( Giaimo v. Literary Guild, 79 A.D.2d 917, 917, 434 N.Y.S.2d 419 [1981];Salvatore v. Kumar, 45 A.D.3d 560, 563, 845 N.Y.S.2d 384 [2007],lv. denied*87910 N.Y.3d 703, 854 N.Y.S.2d 104, 883 N.E.2d 1011 [2008];see generally Prince v. Fox Tel. Stas., Inc., 93 A.D.3d 614, 614–615, 941 N.Y.S.2d 488 [2012] ). Indeed, the statement did not name plaintiff at all, and gave no reason for any reader to think that defendant was referring to him.
In view of the foregoing determination, we need not decide whether the statement is privileged.