Costantino Maglio and Francesco Maglio, Respondents, v. The New York Herald Company, Appellant

Costantino Maglio and Francesco Maglio, Respondents, v. The New York Herald Company, Appellant. Libel referring to property, not persons—special damage must be alleged. In an action to recover damages for an alleged libel, which refers to the property of the plaintiffs and not to the plaintiffs themselves, the complaint must allege special damages. Appeal by the defendant, The Few York Flerald Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 29th day of October, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the plaintiffs’ complaint. Robert W. Candler [Willimn Jay with him on the brief], for the appellant. Charles A. Dryer, for the respondents. [MAJORITY — Per Curiam:] Per Curiam: We agree with the learned counsel for the appellant that the alleged libel refers to the property of the plaintiffs and not to the plaintiffs individually, and that it is, therefore, necessary to allege special damage in order to maintain the action. We are of opinion, however, that there is a sufficient allegation of special damage in the statement that the plaintiffs’ hotel property has become depreciated in value by reason of the publication. This is enough to sustain the complaint. Goodrich, P. J., Bartlett, Woodward, Hirschberg and PIooker, JJ., concurred. Interlocutory judgment affirmed, with costs.