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PARKER v. TRUSTEES OF THE SPENCE SCH., INC.

Index No. 155427/19. Appeal No. 15492-15492A-15492B. Case No. 2020-04634. 2020-04721.

205 A.D.3d 459 (2022)

168 N.Y.S.3d 56

2022 NY Slip Op 03055

Adam Parker et al., Appellants, v. Trustees of the Spence School, Inc., Doing Business as The Spence School, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 5, 2022.

Attorney(s) appearing for the Case

Clarke Locke LLP, Alexandria, VA (Joseph R. Oliveri of the bar of the District of Columbia, admitted pro hac vice, of counsel), for appellants.

Troutman Pepper Hamilton Sanders LLP, New York (Michael E. Baughman of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, González, Shulman, Rodriguez, JJ.

The slander claim was correctly dismissed for failure to sufficiently allege damages. Attending school does not count as a "trade, business or profession," so as to bring this case within the realm of slander per se (see Stein v Trager, 36 Misc.2d 227, 229 [Sup Ct, Erie County 1962]; Cain v Esthetique, 182 F.Supp.3d 54, 73 [SD NY 2016], affd 733 Fed Appx 8 [2d Cir 2018], cert denied 586 US ___,

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