HAAS v. WHARTON


45 Misc.2d 1012 (1965)

Robert J. Haas, Plaintiff, v. Henry J. Wharton, Defendant.

Supreme Court, Special Term, Suffolk County.

April 14, 1965


Attorney(s) appearing for the Case

Edward L. Wolf for plaintiff. Elliot B. Lowell for defendant.


JACK STANISLAW, J.

This motion seeks dismissal of the complaint for failure to state a cause of action (CPLR 3211, subd. [a], par. 7). Robert Haas, the plaintiff, alleges libel by the defendant Wharton. In the absence of any allegation of special damage there can be no recovery unless the publication was libelous per se. Wharton claims the publication to which this complaint is addressed is not libelous per se and therefore plaintiff has failed to state...

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