Russo v. Iacono

In a defamation action, the plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 15, 1979, which denied his motion to dismiss defendant’s amended counterclaim. Order modified, on the law, by dismissing the third pleaded cause of action in the amended counterclaim. As so modified, order affirmed with $50 costs and disbursements to defendant. Plaintiff contends that the counterclaim—dismissed twice previously for failure to state a cause of action—still does not make out causes of action. Plaintiff also contends that even assuming, arguendo, that an intentional tort…