Corwin v. Berkwitz

The complaint contains an allegation that plaintiff is the corporation counsel of the city of Newburgh. In deciding, therefore, whether the alleged libel is susceptible of the innuendoes pleaded in the complaint, that fact may be taken into consideration. Nothing else, outside of the article itself, may be considered./ The question as to whether defendant is entitled to the qualified priviiegegiven to criticism of the conduct of a public official is not available on a demurrer to a complaint, for privilege is new matter that must be pleaded as a defense in the answer. If a complaint shows an…