Miller v. Weinstock

Full title: MICHAEL MILLER, Appellant, v. MIMI WEINSTOCK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 7, 1960

10 A.D.2d 715 (N.Y. App. Div. 1960)

Opinion

March 7, 1960

In an action to recover damages for slander, the appeal is from an order granting a motion to dismiss the complaint for patent insufficiency (Rules Civ. Prac., rule 106, subd. 4), with leave to replead. Order affirmed, without costs. Absent allegations of special damage, the complaint is defective ( Gurtler v. Union Parts Mfg. Co., 1 N.Y.2d 5). Nolan, P.J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.