DIETRICH v. HAUSER


45 Misc.2d 805 (1965)

Mortimer M. Dietrich, Plaintiff, v. Max Hauser, Defendant.

Supreme Court, Special Term, Kings County.

March 5, 1965


Attorney(s) appearing for the Case

Spector & Meissner for defendant. Richard M. Schwartz for plaintiff.


BENJAMIN BRENNER, J.

Defendant moves pursuant to CPLR 3211 to dismiss the complaint on the ground that the words "He's a cheat and a fraud" fail to plead a cause of action in slander.

The alleged words were spoken of the plaintiff before a meeting of the board of governors of the Lincoln Club at a time when plaintiff was its president. Plaintiff's opposing affidavit also amplifies the allegations of the complaint to the effect that the words were...

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