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Lennox v. Schramm

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1953
282 App. Div. 667 (N.Y. App. Div. 1953)

Opinion

June 9, 1953.

Present — Peck, P.J., Dore, Cohn, Callahan and Breitel, JJ.;


Order reversed, with $20 costs and disbursements to appellant, and the motion granted, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs. The complaint does not allege that the words were spoken of the plaintiff in his professional capacity, and plaintiff has failed to plead special damages. The usual requirement in slander actions that a crime be charged is controlling.


I dissent and vote to affirm on the ground that the slanderous words charged a specifically identified person with a specific instance of cheating against a specifically identified person of a specified sum of money, which is sufficient to charge the plaintiff with the commission of a crime.


Summaries of

Lennox v. Schramm

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1953
282 App. Div. 667 (N.Y. App. Div. 1953)
Case details for

Lennox v. Schramm

Case Details

Full title:ROBERT I. LENNOX, Respondent, v. EBBEN SCHRAMM, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 1953

Citations

282 App. Div. 667 (N.Y. App. Div. 1953)

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