SCHEMAN v. SCHLEIN


35 Misc.2d 937 (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

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


JACOB MARKOWITZ, J.

Defendants move for summary judgment dismissing each of the three causes of action pleaded by plaintiff. Plaintiff has submitted no affidavit in opposition to this motion. The first cause of action is predicated in libel, based upon a letter dictated by defendant's attorney to his secretary, while acting at defendants' behest, in the course of their attorney-client relationship. The defendants' answer, by separate motion, has been...

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