GROSS v. MALLAMUD


200 Misc. 5 (1951)

Arthur Gross, Plaintiff, v. Benjamin Mallamud, Defendant.

Supreme Court, Special Term, Bronx County.

May 21, 1951.


Attorney(s) appearing for the Case

Julius Schnapper for defendant.

Robert E. Perin for plaintiff.


AARON J. LEVY, J.

Motion to dismiss the complaint for legal insufficiency. The complaint sets forth that at a meeting of the Parents' Association of the Mosholu Parkway Junior High School the defendant called the plaintiff "a Communist and a Communist plant". Since no special damages are alleged the complaint must be dismissed unless the utterance is held to be slanderous per se.

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