Tufano v. Schwartz
| Decision Date | 27 June 1983 |
| Citation | 95 A.D.2d 852,464 N.Y.S.2d 211 |
| Parties | Louis TUFANO, Respondent, v. Steven SCHWARTZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
O'Connor & Hayes, P.C., Lynbrook (John R. O'Connor, Lynbrook, of counsel), for appellant.
Spies & Spies, Merrick (Jerome Spies, Merrick, of counsel), for respondent.
Before DAMIANI, J.P., and THOMPSON, BRACKEN and RUBIN, JJ.
MEMORANDUM BY THE COURT.
In a libel action, defendant appeals from an order of the Supreme Court, Nassau County, entered July 12, 1982, which denied his motion to dismiss the complaint for failure to state a cause of action or, in the alternative, for summary judgment.
Order reversed, on the law, with costs, and motion to dismiss granted.
The statement by defendant to Newsday that the cabinets built and installed by plaintiff were a "total misfit", was merely an expression of dissatisfaction with plaintiff's performance. As such, it was not libelous per se (Fink v. Horn Constr. Co., 58 A.D.2d 574, 395 N.Y.S.2d 113). Plaintiff's failure to allege special damages in the complaint, therefore requires dismissal for failure to state a cause of action (see Ruder & Finn v. Seaboard Sur. Co., 52 N.Y.2d 663, 670, 439 N.Y.S.2d 858, 422 N.E.2d 518).
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Nunez v. A-T Financial Information Inc., 95 Civ. 10708 (LAP).
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Sandler v. Marconi Circuit Technology Corp.
...mere expression of dissatisfaction with a person's professional performance is not defamatory per se. See Tufano v. Schwartz, 95 A.D.2d 852, 852, 464 N.Y.S.2d 211, 212 (2d Dep't 1983); see also Aronson v. Wiersma, 65 N.Y.2d 592, 593-94, 483 N.E.2d 1138, 1139, 493 N.Y.S.2d 1006, 1008 (1985) ......