YONATY V. MINCOLLA 945 N.Y.S.2d 774 (2012) CASE BRIEF

YONATY V. MINCOLLA

945 N.Y.S.2d 774 (2012)

NATURE OF THE CASE: Yonaty (P) and Mincolla (D) appealed an order that denied motions for summary judgment in P's per se slander action and the first friend's third-party complaint.

FACTS: A nonparty allegedly told D that P was gay or bisexual. D relayed that information to third-party defendant, a close family friend of P's long-time girlfriend, with the hope that the girlfriend would be told. P maintains that D's actions caused the deterioration and ultimate termination of his relationship with his girlfriend. P sued D alleging slander, intentional infliction of emotional distress and prima facie tort. D commenced the third-party action, seeking indemnification based upon the republication of the statements. The court denied third-party defendant's motion for summary judgment dismissing the third-party complaint, and partially granted D's motion for summary judgment by dismissing P's claims of intentional infliction of emotional distress and prima facie tort. The court denied D's motion insofar as she sought dismissal of P's slander claim. The court concluded that it was bound to follow prior appellate case law holding that statements falsely imputing homosexuality constitute defamation per se and, thus, P's slander claim need not be dismissed despite his failure to allege special damages. Everybody appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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