Murray v. Cassirer

The defendant moves for dismissal of the complaint for legal insufficiency (Rules Civ. Prac., rule 106, subd. 4). The action is in libel, and the plaintiff alleges the following:

The plaintiff was the doorman at certain premises where the defendant was a tenant. The defendant wrote and published a letter (a photo static copy is attached to the complaint), in which *617the defendant states that his “ suitcase disappeared from the lobby and was found back couple of hours later in our apartment. * * * It is apparent that somebody who had the key to our apartment placed the suitcase inside after we…