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TAYLOR v. AMERICAN EXPORT LINES, INC.

222 F.Supp. 1022 (1963)

Arthur Evans TAYLOR, Plaintiff, v. AMERICAN EXPORT LINES, INC., Harold E. Coffman, Joseph L. Handzel, Defendants.

United States District Court S. D. New York.

October 3, 1963.

Attorney(s) appearing for the Case

Bernard Rolnick, New York City, for plaintiff.

Steinberg, Clyne & Jaffe, New York City (Samuel L. Rothbard and Abraham L. Friedman, Newark, N. J., of counsel), for defendants Coffman and Handzel.

WEINFELD, District Judge.

The first counterclaim of each defendant, insofar as it alleges he was falsely accused by plaintiff of committing an assault and battery, is sufficient to withstand the motion to dismiss. The accusation is broad enough to charge a serious law violation (e. g., 18 U.S.C. § 113 (1958)) and as such may be deemed slanderous per se (Roberts v. Rothstein, 32 Misc.2d 643, 224 N.Y.S.2d 139 (1961)).

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