Appellate Division of the Supreme Court of New York, 1952

Nichols v. Item Publishers, Inc.

Nichols v. Item Publishers, Inc.
Appellate Division of the Supreme Court of New York · Decided October 14, 1952
280 A.D. 944; 116 N.Y.S.2d 166; 1952 N.Y. App. Div. LEXIS 4313
Nichols v. Item Publishers, Inc.

Opinion of the Court

— In a libel action, order denying defendant's motion to dismiss the complaint for insufficiency, under rule 106 of the Rules of Civil Practice, reversed, with $10 costs and disbursements, and motion granted, without costs, with leave to plaintiffs to serve an amended complaint within twenty days after the entry of the order hereon. The complaint fails to allege words that are actionable per se, and no special damages are pleaded. Nolan, P. J., Carswell, Johnston, MacCrate and Schmidt, JJ., concur. [See post, p. 991.]

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