RUTMAN v. GIEDEL


67 A.D.2d 662 (1979)

Irwin Rutman, Appellant, v. Paul Giedel, Respondent

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

January 8, 1979


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The false accusation that a police officer was drunk or intoxicated while on duty is slanderous per se and requires no allegation or proof of special damages (see Ann. 53 ALR2d 8, 121; 34 NY Jur, Libel and Slander, §§ 39, 45). The single-instance rule is inapplicable. That a police officer would permit himself to be drunk while on duty shows such a lack of character as would...

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