Schinzel v. Vuyk

The complaint, in this libel action, was assailed for insufficiency under rule 106 of the Rules of Civil Practice. The learned justice below held (1) that no publication was shown, and (2) that the alleged defamatory matter was not libelous per se. The plaintiff alleges that the defendant wrote to a Mr. Herzberg, a person who is not directly identified in the complaint, a letter in which, after complaining of the conduct of the plaintiff in a business transaction between plaintiff and defendant, and characterizing that conduct as “ anything but fair and scrupulous,” defendant says: “ Such…