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In a 29-page decision on Tuesday, Justice
Barbara Jaffe of the state Supreme Court in Manhattan said
Morgan Carey can sue his sister over passages suggesting he
distributed cocaine to "the beautiful people," and implying he
might have "been-in-the-system" -- in prison -- for a serious
crime.
But the judge dismissed claims over seven other passages from
"The Meaning of Mariah Carey," including one discussing a fight
between Morgan Carey and the Careys' father that required police
intervention.
Jaffe said that while that passage "reasonably conveys a
defamatory inference that plaintiff was abusive toward his
family," Morgan Carey, who is about a decade older than his
sister, failed to show he suffered "special damages" resulting
from harm to his reputation.
The judge also dismissed claims against the memoir's publishers,
saying it wasn't clear how Mariah Carey's "alleged
vindictiveness" showed that they knew the disputed passages were
false or had serious doubts they were true.
Lawyers for Morgan Carey and the publishers declined to comment
on Wednesday. Lawyers for Mariah Carey did not immediately
respond to requests for comment.
Mariah Carey's memoir described a dysfunctional poverty-stricken
childhood and early career struggles for the 51-year-old singer
known for songs including "Vision of Love," "One Sweet Day" and
"All I Want for Christmas Is You."
The defendants included the memoir's co-author, the publisher
Macmillan and Andy Cohen Books, an imprint named for the
television producer and Bravo host.
The case is Carey v Carey et al, New York State Supreme Court,
New York County, No. 152192/2021.
(Reporting by Jonathan Stempel in New York; Editing by Mark
Porter)
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