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SCHNEIDER v. SACHS QUALITY STORES

14 Misc.2d 582 (1958)

William R. Schneider, Plaintiff, v. Sachs Quality Stores, Inc., et al., Defendants.

Supreme Court, Special Term, Bronx County.

September 23, 1958.

Attorney(s) appearing for the Case

Michaels & Michaels & Wigdor for defendants.

Peter Rosenberg for plaintiff.

MATTHEW M. LEVY, J.

The complaint, in express words, is grounded in libel. The defendants seek (in addition to other relief) to dismiss the complaint under rule 106 of the Rules of Civil Practice in that it does not state facts sufficient to constitute a cause of action for libel.

As alleged in the complaint, the cause arose out of the presentation of a garnishee execution to the plaintiff's employer.

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