Opinion
February 26, 1996
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the orders are affirmed insofar as appealed from, with one bill of costs payable to the defendants Vance Publishing Corp. and Clairol, Inc., appearing separately and filing separate briefs.
The plaintiff commenced this action to recover damages for an allegedly defamatory article which appeared in a magazine of the defendant Vance Publishing Corp. (hereinafter Vance). The first cause of action in the plaintiff's amended complaint alleged libel and the second alleged a conspiracy between Vance and the defendant Clairol, Inc., to defame him.
The isolated phrases challenged by the plaintiff, when read in the context of the full article, are not reasonably susceptible of a defamatory meaning and therefore are not actionable (see, Aronson v. Wiersma, 65 N.Y.2d 592, 594; James v. Gannett Co., 40 N.Y.2d 415, 419-420). Accordingly, the first cause of action was properly dismissed. Since New York does not recognize civil conspiracy as an independent tort, the second cause of action also was properly dismissed (see, Falle v. Metalios, 132 A.D.2d 518). Balletta, J.P., Ritter, Altman and Hart, JJ., concur.