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196 Misc. 162

Finkelstein v. Diamond

City of New York Municipal Court

Decided October 5, 1949

City of New York Municipal Court · decided 1949-10-05

Good law ✅— No negative treatment on recordhow we know

Decided 1949-10-05

How this case has been cited

Cited by 3 later decisions — most recently February 1994

3 state decisions

10194919501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

McCullen, J.

¶1The complaint is insufficient. In setting forth the allegedly slanderous words spoken, the exact words used by the defendant should be alleged; it is not sufficient to summarize the language or to state plaintiff’s idea of its meaning or the substance of the words used (Crowell v. Schneider, 165 App. Div. 690; Deddrick v. Mallery, 143 App. Div. 819; Drohan v. O’Brien, 76 App. Div. 265; Locke v. Benton & Bowles, Inc., 253 App. Div. 369; Munzer v. Blaisdell, 268 App. Div. 9).

¶2Because of this basic defect in the complaint, it becomes unnecessary to consider whether the complaint is deficient in any other respect. For an excellent discussion of the rules of pleading applicable to an action for slander, see Bender’s Forms of Pleading by Warren (Vol. 1, § 25, especially pp. 819-823).

¶3The motion is granted to the extent of dismissing the complaint, for insufficiency under subdivision 5 of rule 106 of the Buies of Civil Practice, with leave to plaintiff to plead over within twenty days after service of this order with notice of entry, upon payment within the same time of $20 costs.

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