Dietrich v. Hauser

Defendant moves pursuant to CPLR. 3211 to dismiss the complaint on the ground that the words “ He’s a cheat and a fraud ” fail to plead a cause of action in slander.

The alleged words were spoken of the plaintiff before a meeting of the board of governors of the Lincoln Club at a time when plaintiff was its president. Plaintiff’s opposing affidavit also amplifies the allegations of the complaint to the effect that the words were spoken in relation to his action as president of the club and this appears to be the fair intendment of the allegations.

Defendant urges that these words are not…