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MROZEK v. SCHWIMMER

42 Misc.2d 842 (1964)

Charles Mrozek, an Infant, by Helen Dryja, His Mother and Natural Guardian, Plaintiff, v. Julius Schwimmer, Defendant.

Supreme Court, Special Term, Kings County.

February 5, 1964

Attorney(s) appearing for the Case

Max Feigin for defendant. Anthony Olivo and Arnold S. Greene for plaintiff.

CHARLES J. BECKINELLA, J.

Defendant moves to dismiss the complaint on the ground that the pleading fails to state a cause of action (CPLR 3211, subd. [a], par. 7).

On this motion attacking the complaint for insufficiency the court must accept the ultimate facts pleaded as though admitted by the defendant.

The action is in libel and is grounded upon a signed typewritten letter which defendant, a physician, had mailed to the

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