Appellate Division of the Supreme Court of New York, 1959

Roth v. Perillo

Roth v. Perillo
Appellate Division of the Supreme Court of New York · Decided December 21, 1959
9 A.D.2d 922; 195 N.Y.S.2d 613; 1959 N.Y. App. Div. LEXIS 5518
Roth v. Perillo

Opinion of the Court

In an action to recover damages for slander, the appeal is from an order denying a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action (Rules Civ. Prae¡, rule 106, subd. 4). It is alleged that appellants said of respondent, Who has been engaged in the construction of buildings for over 35 years, that he was a “conniving” builder. No special damages are pleaded. Order affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. j., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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