PAPPAS v. BRINK


20 A.D.2d 613 (1963)

John Pappas, Respondent, v. Adelbert Brink, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 27, 1963


We agree with the appellant that the words of defamation pleaded in this libel action are not libelous per se. But they are, on their face, sufficiently defamatory to justify a recovery if plaintiff has sustained special damage. The complaint pleads special damage, but the court was of opinion it was insufficiently pleaded in form and granted defendant's motion to dismiss the complaint to the extent of striking out the paragraph pleading special damage, with right to replead...

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