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LENDINO v. FIORENZA

203 Misc. 115 (1952)

Michael P. Lendino, Plaintiff, v. Vito Fiorenza, Defendant.

Supreme Court, Special Term, Queens County.

April 18, 1952.

Attorney(s) appearing for the Case

Bernard Katzen for defendant.

Julius J. Cardile for plaintiff.

HOOLEY, J.

Motion to vacate notice of examination of defendant before trial.

There is no attack on the items of the examination. The motion is predicated on the proposition that the action is one for slander; that the alleged slanderous words used were not slanderous per se; that no special damages are pleaded and that, therefore, the complaint being defective, the plaintiff is not entitled to an examination...

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