SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
April 10, 1969
ARNOLD BERNHARD & CO., INC., RESPONDENT,
FINANCE PUBLISHING CORPORATION ET AL., APPELLANTS
Concur -- Stevens, P. J., Eager, Capozzoli, Markewich and Steuer, JJ.
The subject article published in defendant's magazine is not libelous per se; it imputes nothing evil to plaintiff, nor does it charge either negligence or incompetence, consisting, as it does, of the sardonic recital of what at worst might be considered a single instance of mistaken exercise of business judgment on plaintiff's part, without any imputation of fraud, deceit or malpractice. Nothing pleaded justifies an inference of malice, nor are special damages alleged. In sum, the complaint does not allege a cause in libel by any applicable standard.
Order entered October 29, 1968, unanimously reversed, on the law, with $50 costs and disbursements to appellants, and summary judgment granted to defendants dismissing the complaint.
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