Summary
affirming dismissal of defamation claim against company where "plaintiffs ... failed to show that the author wrote the article on behalf of [the company], or in his capacity as president of [the company]"
Summary of this case from Mirage Entm't, Inc. v. FEG Entretenimientos S.A.Opinion
May 15, 1995
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed, with costs.
The plaintiffs have failed to show that the author of the allegedly defamatory article wrote the article on behalf of Real Cars, Inc., or in his capacity as president of Real Cars, Inc. Accordingly, Real Cars, Inc., cannot be held liable for defamation (see generally, Unker v Joseph Markovits, Inc., 643 F. Supp. 1043; Karaduman v Newsday, 51 N.Y.2d 531; National Variety Artists v Mosconi, 169 Misc. 982). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.