Justice Lucy Billings
Cassini sued defendants to recover damages for libel and infliction of emotional distress. She claimed an article published by defendants in "Vanity Fair" revealed her relationship with her deceased husband, fashion designer Oleg Cassini. Defendants moved for dismissal arguing the complaint failed to state a claim, among other things. The court found as the subject of the article was of legitimate public concern warranting public exposition, Cassini was required to plead defendants’ gross irresponsibility in investigating the accuracy of their reporting. It noted defendants sought to interview Cassini for the article, but she refused. The court stated while Cassini claimed defendants failed to investigate adequately, there were no allegations or facts permitting an inference of defendants’ gross irresponsibility. It found the article’s depiction of Cassini being in the parties’ home while Oleg was with a mistress did not connote any unchaste behavior by Cassini nor assail her morality. The court concluded defendants’ publication of the article about Cassini was not extreme and outrageous conduct. Thus, it granted defendants’ motion to dismiss the amended complaint based on its failure to state a claim.
