56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.

Appeal from an order denying appellants’ motion to dismiss the second amended complaint on the ground that it does not set forth a cause of action. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, and with leave to respondent, if he be so advised, to serve a further amended complaint within 20 days after entry of the order hereon. The third cause of action purports to be one for slander of title to respondent’s vessel. Assuming that in such an aetion it is not essential that the words themselves charged as actionable be pleaded (but see 33 Am. Jur., Libel…