SWARTZ v. SCHINE'S INC.


8 Misc.2d 152 (1957)

Max Swartz, Plaintiff, v. Schine's Inc., Defendant.

City Court of the City of New York, Special Term, New York County.

September 19, 1957.


Attorney(s) appearing for the Case

David Lieberman for defendant.

Abraham Reiss for plaintiff.


HARRY B. FRANK, J.

This is a motion by defendant, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The complaint alleges that the plaintiff, a physician, while seated at a table in the restaurant owned by the defendant, was slandered by one of defendant's employees in the presence of patrons and guests, by stating...

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