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Kleiman v. Beech-Nut Packing Co.

259 A.D. 593, 20 N.Y.S.2d 196, 1940 N.Y. App. Div. LEXIS 6212
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 31, 1940
StatusPublished
Cited by4 cases

This text of 259 A.D. 593 (Kleiman v. Beech-Nut Packing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kleiman v. Beech-Nut Packing Co., 259 A.D. 593, 20 N.Y.S.2d 196, 1940 N.Y. App. Div. LEXIS 6212 (N.Y. Ct. App. 1940).

Opinion

Per Curiam.

The gravamen of a cause of action for slander is the utterance of defamatory matter in the hearing of at least one person. The complaint here charges that the defamatory matter was uttered “ in the presence and hearing of divers persons including agents and representatives of firms with whom plaintiffs had been dealing and with whom they had good credit * * *.”

In view of this allegation defendant is entitled to know the names of the persons plaintiffs claim heard the defamatory matter.

The order appealed from should be modified by granting item 1 in full, and as so modified affirmed, without costs.

Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.

Order, so far as appealed from, unanimously modified by granting item 1 in full, and as so modified affirmed, without costs. Verified bill of particulars to be served within ten days after service of order.

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Cite This Page — Counsel Stack

Bluebook (online)
259 A.D. 593, 20 N.Y.S.2d 196, 1940 N.Y. App. Div. LEXIS 6212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleiman-v-beech-nut-packing-co-nyappdiv-1940.