Summary
In Gardner v. Alexander Rent-A-Car, Inc., 28 AD2d 667 (1st Dept 1967), the Court held that the exact defamatory language used by defendants must be specified as per the statute, stating that, "[t]his requirement is strictly enforced and the exact words must be set forth.
Summary of this case from Jackson v. Deer Park VenturesOpinion
June 15, 1967
Order, entered January 24, 1967, unanimously reversed, on the law, with $50 costs and disbursements to appellants and motion of defendants to dismiss action granted, with leave to plaintiff within 20 days after entry of order hereon and on payment of costs and disbursements of this appeal, to apply at Special Term for leave to serve a second amended complaint. The complaint in an action for slander is required to state in haec verba the particular defamatory words claimed to have been uttered by defendants. This requirement is strictly enforced and the exact words must be set forth. Any qualification in the pleading thereof by use of the words "to the effect", "substantially", or words of similar import generally renders the complaint defective. (See CPLR 3016, subd. [a]; Roland v. Slesinger, 16 Misc.2d 1087 [Steuer, J.]; Crowell v. Schneider, 165 App. Div. 690; Deddrick v. Mallery, 143 App. Div. 819; Battersby v. Collier, 34 App. Div. 347, 349; see, also, 3 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 3016.02.) We conclude that the present complaint is not in compliance with the CPLR and decisional requirements.
Concur — Eager, J.P., Steuer, Tilzer, McNally and McGivern, JJ.