Haas v. Wharton

This motion seeks dismissal of the complaint for failure to state a cause of action (CPLR 3211, subd. [a], par. 7). Robert Haas, the plaintiff, alleges libel by the defendant Wharton. In the absence of any allegation of special damage there can be no recovery unless the publication was libelous per se. Wharton claims the publication to which this complaint is addressed is not libelous per se and therefore plaintiff has failed to state a cause of action.

Haas is an attorney. He was the holder of a family major medical expense coverage insurance policy. For a period cover*1013ing a period of some…