De Maria v. Josephs

In an action to recover damages for libel and slander, plaintiff appeals from so much of an. order of the Supreme Court, Queens County, entered March 31, 1972, as, upon reargument, adhered to the original decision (1) granting defendant’s motion to dismiss the complaint to the extent of dismissing the second cause of action (libel) for failure to state a cause of action (CPLR 3211, subd. [a], par. 7), (2) severing that cause and (3) directing defendant to answer the first cause (slander). Order reversed insofar as appealed from, with $20 costs and disbursements, and defendant’s motion to…