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MORAN v. HEARST CORPORATION

Appellate Division of the Supreme Court of New York, First Department.
Nov 6, 1975

Order, Supreme Court, New York County, entered on May 3, 1975, denying defendants-appellants' motions to dismiss the complaints herein for failure to state a cause of action, unanimously reversed, on the law, and complaints dismissed, with $60 costs and disbursements to appellants. The article and language involved in these actions did not constitute libel per se in that it did not tend "to expose [plaintiffs] to hatred, contempt or aversion, or to induce an evil or unsavory opinion of [them] in the minds of a substantial number of the community", (Mencher v Chesley, 297 N.Y. 94, 100) and, since no special damages are claimed, Special Term clearly erred in failing to grant the motions to dismiss.

Concur — Markewich, J.P., Tilzer, Capozzoli, Lane and Nunez, JJ.