DEMMEL v. TRIUMPH OF EUROPE


26 Misc.2d 1070 (1960)

J. Robert Demmel, Plaintiff, v. Triumph of Europe, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 26, 1960


Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (Samuel M. Lane, Robert W. Sweet and Preben Jensen of counsel), for defendant. Rogers, Hoge & Hills (James F. Ouchterloney of counsel), for plaintiff.


GEORGE TILZER, J.

This is a motion pursuant to rule 106 of the Rules of Civil Practice for judgment dismissing the second cause of action on the ground that it does not state facts sufficient to constitute a cause of action. The first cause of action is for damages for breach of an employment contract. The second is for libel. A reading of the complaint indicates that this cause of action is based on a letter...

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