¶1In an action to recover damages for slander, the appeal is from an order granting a motion to dismiss the complaint for patent insufficiency (Rules Civ. Prae., rule 106, subd. 4), with leave to replead. Order affirmed, without costs. Absent allegations of special damage, the complaint is defective (Gurtler v. Union Parts Mfg. Co., 1 N Y 2d 5). Nolan, P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
10 A.D.2d 715
Miller v. Weinstock
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1960
Appellate Division of the Supreme Court of the State of New York · decided 1960-03-07
Decided 1960-03-07