Appellate Division of the Supreme Court of New York, 1976

Heimowitz v. Segal

Heimowitz v. Segal
Appellate Division of the Supreme Court of New York · Decided October 14, 1976
54 A.D.2d 637; 387 N.Y.S.2d 542; 1976 N.Y. App. Div. LEXIS 14136
Heimowitz v. Segal

Opinion of the Court

Order entered May 3, 1976 in the Supreme Court, New York County, unanimously affirmed, with $60 costs and disbursements to respondent for the reasons stated by Mr. Justice Greenfield at Special Term but, in the exercise of discretion, without prejudice to an application at Special Term for leave to replead as to any cause sounding in defamation and intentional infliction of *638mental harm. (See Cushman & Wakefield v David, Inc., 25 AD2d 133.) Concur—Stevens, P. J., Markewich, Birns, Silverman and Capozzoli, JJ.

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