Kuhn v. Veloz

Where a plaintiff in an action for libel must rely on extrinsic facts in order to establish the libel, special damage must be pleaded. (O’Connell v. Press Publishing Co., 214 N. Y. 352.)

In the present complaint plaintiff sets forth extrinsic facts, but fails to allege special damage. Accordingly her complaint must be held insufficient, unless the article complained of is libelous per se.

The publication which is alleged to have been procured by defendants consists of a newspaper story in the nature of a “ write-up ” concerning the origin of gowns worn by defendant Yolanda Veloz, a theatrical…