Legal Opinion
Roberts v. Rothstein
New York Supreme Court
Decided December 5, 1961PublishedCited by 3 opinions
1Opinion of the CourtJambs D. Hopkins, J.
In an action to recover damages for slander, the plaintiff moves (1) to strike out the first defense in the answer alleging the truth of the words spoken on the ground that it is insufficient in law (Rules Civ. Prac., rule 109), and (2) to strike out the second defense in the answer alleging that the words were spoken in the course of an action pending in the United States District Court for the Southern District of New York, and were pertinent to the action, on the ground that the defense is sham and frivolous (Rules Civ. Prac., rule 103). The complaint alleges that the defendants…
2Cases cited15 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Moore v. . FrancisNew York Court of Appeals · 1890
- Bingham v. . GaynorNew York Court of Appeals · 1911
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
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3Cited by3 opinions
- Sidney Brown v. Dennis Collins, Dennis Collins v. First National Realty Corp.Court of Appeals for the First Circuit · 1968
- Kopra v. AquinoAppellate Division of the Supreme Court of the State of New York · 2002
- Taylor v. American Export Lines, Inc.District Court, S.D. New York · 1963