Legal Opinion
Mencher v. Chesley
New York Supreme Court
Decided January 18, 1946PublishedCited by 4 opinions
1Opinion of the CourtDaly, J.
Two separate motions by the defendant: (1) For a judgment dismissing the complaint pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice, upon the ground that it does not state facts sufficient to constitute a cause of action, and (2) for an order pursuant to rule 103 of the Rules of Civil Practice, striking twenty-six designated paragraphs .from the complaint, which contains in all thirty-five paragraphs.
The plaintiff for some time prior to August 22,1944, has been and still is á public official, viz., the Regional Information Executive of the Office of Price Administration,…
2Cases cited12 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Kimmerle v. New York Evening Journal, Inc.New York Court of Appeals · 1933
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
- Katapodis v. Brooklyn Spectator, Inc.New York Court of Appeals · 1941
- Balabanoff v. Hearst Consolidated Publications, Inc.New York Court of Appeals · 1945
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3Cited by4 opinions
- Spanel v. PeglerDistrict Court, D. Connecticut · 1946
- Ward v. League for JusticeOhio Court of Appeals · 1950
- Devany v. QuillNew York Supreme Court · 1946
- Mencher v. ChesleyAppellate Division of the Supreme Court of the State of New York · 1946