Spano v. Mitchell

Full title: RAPHAEL S. SPANO, Appellant, v. EDWARD MITCHELL, Respondent

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

Date published: May 10, 1954

283 AD 960 (N.Y. App. Div. 1954)

283 App. Div. 960

130 N.Y.S.2d 887

Opinion

283 A.D. 960 130 N.Y.S.2d 887 RAPHAEL S. SPANO, Appellant, v. EDWARD MITCHELL, Respondent. Supreme Court of New York, Second Department. May 10, 1954

         In an action for libel based on a publication that criminal charges made by plaintiff to a Grand Jury were ridiculous and unwarranted, plaintiff appeals from an order dismissing the complaint as insufficient, with leave to serve an amended complaint. Order affirmed, with $10 costs and disbursements, with leave to appellant, if he be so advised, to serve an amended complaint within ten days after the entry of the order hereon. No opinion.

         Adel, Acting P. J., Wenzel, MacCrate, Beldock and Murphy, JJ., concur.