Lasky v. Kempton

This is an action for libel. The plaintiff is an author and journalist. The defendants are the owner of a newspaper, and its publisher, editor and a columnist. The article complained of was written by the defendant Kempton, printed in his column and published in the newspaper of the codefendants. General damages only are alleged. The defendants move to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106), and, in the alternative, to strike out paragraph 10 of the complaint upon the ground that it is irrelevant…