SIMON v. POTTS


33 Misc.2d 183 (1962)

Morris Simon, Plaintiff, v. David M. Potts, et al., Copartners Doing Business under the Name of Kadel, Wilson & Potts, et al., Defendants.

Supreme Court, Special Term, Albany County.

January 4, 1962


Attorney(s) appearing for the Case

Maynard, O'Connor & Smith for Chemical Bank New York Trust Co., defendant. Murphy, Aldrich, Guy, Broderick & Simon for plaintiff. Nicholas R. Jones for David M. Potts and another, defendants.


ELLIS J. STALEY, JR., J.

This is a motion for an order dismissing the complaint herein pursuant to the provisions of subdivision 4 of rule 106 of the Rules of Civil Practice on the ground that the complaint fails to state a cause of action. The complaint herein alleges that a certain letter dated November 19, 1959 written by the defendant, David M. Potts, to the plaintiff is "false, libelous, vicious and defamatory" and by reason of the publication of...

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