Hartmann v. American Mercury, Inc.

Ferdinand Pécora, J.

This is an action for libel. Defendants move under rule 106 of the Rules of Civil Practice to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The grounds urged are that the complaint is insufficient because it has split into four separate causes of action the alleged claim for libel based upon a single publication, and that the alleged defamatory statements are not libelous per se and no special damages are pleaded. In opposition, plaintiff, at the outset, claims that defendants may not make this motion because…