SCHEMAN v. SCHLEIN


35 Misc.2d 581 (1962)

Max Scheman, Plaintiff, v. Alexander Schlein et al., Defendants.

Supreme Court, Special Term, New York County.

June 27, 1962


Attorney(s) appearing for the Case

Bertram D. Fisher and Elliot Ira Miller for plaintiff. Lewis, Herrick & Whitebook (Maurice Whitebook of counsel), for defendants.


JACOB MARKOWITZ, J.

This is a motion to dismiss the counterclaims for alleged insufficiency or, in the alternative, to strike out the request for punitive damages.

Paragraphs 3 through 10 of the answer are first stated as justification for the alleged libelous letters referred to in the complaint and then are made part of the counterclaims. They narrate the basis for defendants' charge of intentional infliction of mental distress. Then by paragraph...

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