RIZZO v. ZUCKER


18 Misc.2d 593 (1958)

Gertrude R. Rizzo, Plaintiff, v. Benjamin Zucker et al., Defendants.

Supreme Court, Special Term, Queens County.

December 15, 1958.


Attorney(s) appearing for the Case

Rogge, Zucker, Fabricant & Gordon (Franklyn Gould of counsel), for defendants.

Frank L. Ippolito for plaintiff.


NICHOLAS M. PETTE, J.

In this action for libel and slander, defendants, pursuant to rule 106 of the Rules of Civil Practice, move to dismiss the complaint on the ground that it appears on the face thereof that the same fails to state facts sufficient to constitute a cause of action.

The complaint alleges, in substance, that plaintiff was a tenant of an apartment in premises of which the defendants were...

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