KAPLAN v. K. GINSBURG, INC.


8 A.D.2d 726 (1959)

Hyman Kaplan, Respondent, v. K. Ginsburg, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1959


Orders modified by granting the motions to dismiss the first cause of action as insufficient. As so modified, orders affirmed, without costs.

The first cause of action does not sufficiently allege a prima facie tort. Although special damage is alleged, it is our opinion that (a) the allegations with respect to Seidenberg's oral statements may constitute a cause of action in slander and Ginsburg's written statements may constitute a cause of action in libel, (b) Seidenberg...

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