Scheman v. Schlein
New York Supreme Court
1Opinion of the CourtJacob Markowitz, J.
This is a motion to dismiss the counterclaims for alleged insufficiency or, in the alternative, to strike out the request for punitive damages.
Paragraphs 3 through 10 of the answer are first stated as justification for the alleged libelous letters referred to in the complaint and then are made part of the counterclaims. They narrate the basis for defendants ’ charge of intentional infliction of mental distress. Then by paragraph 15 physical injury and pecuniary damage to defendants, as the consequence of such course of conduct, are alleged. These allegations of the first counterclaim…
2Cases cited7 opinions
- Knierim v. IzzoIllinois Supreme Court · 1961
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Ruza v. RuzaAppellate Division of the Supreme Court of the State of New York · 1955
- Rager v. McCloskeyNew York Court of Appeals · 1953
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3Cited by10 opinions
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- Long v. Beneficial Finance Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Ruiz v. BertolottiNew York Supreme Court · 1962
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