Opinion
November 13, 1997
Appeal from the Supreme Court, New York County (Alfred Toker, J.H.O.).
The statements alleged to have been defamatory were business communications concerning plaintiffs' account, and while incomplete, did not rise to the level of defamation (see, Wilson v. Merrill Lynch, Pierce, Fenner Smith, 111 A.D.2d 807, affd 66 N.Y.2d 988). Plaintiffs presented no evidence that defendant was guilty of conduct so outrageous in character and so extreme as to go beyond all possible bounds of decency and to be regarded as atrocious (Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 303).
The remaining claim should also have been dismissed. This claim is unprovable given the prior unappealed order of preclusion entered against plaintiffs.
We have reviewed plaintiffs' other arguments and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Rosenberger and Williams, JJ.