Three Amigos SJL Restaurant, Inc. v. CBS News, Inc.
New York Supreme Court, Appellate Division
15 N.Y.S.3d 36 (2015)
CBS News (defendant) accurately reported that federal authorities raided a nightclub believing it to be run by the Mafia as part of an international human trafficking operation; various entities and individuals (plaintiffs) who provided independent-contractor management and promotional services to the club sued for defamation, arguing the report effectively accused them of being in the Mafia, with one plaintiff submitting an affidavit that the individual plaintiffs were part of a small group effectively running the club. CBS moved to dismiss, the trial court granted the motion, and the plaintiffs appealed.
Whether a plaintiff's defamation claim is cognizable if the allegedly defamatory statement is not of and concerning the plaintiff.