Escoett & Co. v. Alexander & Alexander, Inc.

Order, entered on October 15, 1968, insofar as it denied plaintiff’s motion to dismiss the defendant’s counterclaim, unanimously reversed on the law and motion granted, with $50 costs and disbursements to plaintiff-appellant. The counterclaim, insofar as it purports to be grounded in libel or slander, is legally insufficient, as it fails to set forth the particular words complained of. (CPLR 3016; Brandt v. Winchell, 3 N Y 2d 628, 636.) Nor can the counterclaim foe sustained as .pleading a cause of action in fraud since none of the traditional elements of such an action is alleged. Defendant…