165 Misc. 631 | N.Y. Sup. Ct. | 1937
The defendant moves under rule 106 of the Rules of Civil Practice for an order dismissing the complaint upon the
The defendant, in urging the dismissal of the complaint, relies upon a fine of decisions that hold that a complaint in libel or slander that does not set forth the exact words of defamation is demurrable or dismissible on motion, if no special damage is alleged. With these decisions in ordinary libel or slander actions there can be no dissent. However, the cause of action alleged in the present complaint is not an ordinary libel or slander. The plaintiff complains that the false interpolations in his script and the publication of the script as his is the libel.
The question whether this complaint is to be treated as one in libel or in slander is one which need not be decided on this motion.
Motion to dismiss is denied, with ten dollars costs, with leave to defendant to serve its answer within ten days after the service of a copy of this order, with notice of entry.