Opinion
May 23, 1950.
Present — Peck, P.J., Glennon, Cohn, Callahan and Shientag, JJ.
Order, so far as appealed from, unanimously modified by striking out of paragraph "Fifth" of the amended complaint the words: "(meaning that the plaintiff had brought a `nuisance suit' against his former employer because of his dismissal) * * * (meaning that he exaggerated and lied to defendant, Bishop's Service, Incorporated, with respect to the positions held by him and the responsibilities thereof) * * * (that he is inefficient and has not a good reputation with respect to ability in the field of brokerage, freight forwarding, export and import)" and, as so modified, affirmed, with $20 costs and disbursements to the appellant, and with leave to the plaintiff to serve a further amended complaint within twenty days after service of a copy of the order, with notice of entry thereof. Settle order on notice.