Skinner v. Government Employees Ins. Co.

• Decision Date: 02 August 1993
• Citation: 196 A.D.2d 494,600 N.Y.S.2d 749
• Parties: Bernard SKINNER, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 749

600 N.Y.S.2d 749

196 A.D.2d 494

Bernard SKINNER, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Division,

Second Department.

Aug. 2, 1993.

Pizzitola & DiBlasi, P.C., Brooklyn (Vincent A. DiBlasi and Lawrence B. Lame, of counsel), for appellant.

Agulnick & Gogel, New York City (William A. Gogel, of counsel), for respondent.

Before MANGANO, P.J., and ROSENBLATT, LAWRENCE and JOY, JJ.

MEMORANDUM BY THE COURT.

In an action to recover sums due under an insurance policy and to recover damages for defamation, the defendant appeals from an order of the Supreme Court, Kings County (Held, J.), dated May 31, 1991, which denied the defendant's motion to dismiss the plaintiff's fourth cause of action.

ORDERED that the order is reversed, on the law, with costs, and the defendant's motion to dismiss the plaintiff's fourth cause of action is granted.

Since the plaintiff failed to set forth the particular words complained of in his complaint, his fourth cause of action for defamation should have been dismissed (see, CPLR 3016[a]; Erlitz v. Segal, Liling & Erlitz, 142 A.D.2d 710, 530 N.Y.S.2d 848; Belvision Inc. v. M & G Elecs., 134 A.D.2d 313, 520 N.Y.S.2d 790; Lexow & Jenkins v. Hertz Commercial Leasing Corp., 122 A.D.2d 25, 504 N.Y.S.2d 192).