Pignatelli v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, The Press Publishing Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 26th day of March, 1921, denying defendant’s motion to strike from the complaint certain allegations as redundant.
1Opinion of the Court
Kelly, J.:
The action is to recover damages for alleged libel, and the complaint contains three separate causes of action for three separate publications. Having pleaded in the first cause of action an alleged libel on January 30, 1921, the plaintiff in his second cause of action alleges a different libel on January 31, 1921, and in his third cause of action a still different libel in a later edition of defendant’s newspaper on January thirty-first. Each separate libel is charged to have damaged the plaintiff. But in pleading his second cause of action the *276plaintiff repeats and incorporates…
2Cases cited3 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Burkan v. Musical Courier Co.Appellate Division of the Supreme Court of the State of New York · 1910