Bleecker v. Drury

KNIGHT, District Judge.

This is a motion to dismiss the action addressed to the Second Amended Complaint on the ground that the plaintiff fails to state a claim upon which relief can be granted.

No affidavits are submitted on the motion, and thus the scope of the court’s inquiry is restricted to the Second Amended Complaint, the only pleading now before the court. It sets forth three causes of action; the first, alleging a libel published in defendant’s brief filed with the Industrial Board of'New York, the second and third, realleging the first cause in toto and also adding separate causes…