Opinion
2001-04625
Submitted January 11, 2002.
February 14, 2002.
In an action, inter alia, to recover damages for libel, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Alpert, J.), dated April 12, 2001, as granted those branches of the defendants' motion which were to dismiss his first and second causes of action for failure to state a cause of action pursuant to CPLR 3211(a)(7).
Wolin Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant.
Nancy E. Hoffman, Albany, N.Y. (Steven A. Crain of counsel), for respondents.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that the alleged written statements did not address the plaintiff's professional status as a librarian and, thus, were not libelous per se (see, Ram v. Moritt, 205 A.D.2d 516; Mihalakis v. Committee of Interns and Residents, 162 A.D.2d 371). As the plaintiff failed to plead special damages with sufficient particularity, the alleged statements were not actionable (see, Ram v. Moritt, supra; L.W.C. Agency v. St. Paul Fire and Mar. Ins. Co., 125 A.D.2d 371).
KRAUSMAN, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.