Gardner v. Alexander Rent-A-Car, Inc.
| Decision Date | 15 June 1967 |
| Docket Number | RENT-A-CA,INC |
| Citation | 280 N.Y.S.2d 595,28 A.D.2d 667 |
| Parties | Willie GARDNER, Plaintiff-Respondent, v. ALEXANDERand Eddie Costello, Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
M. A. Miller, New York City, for plaintiff-respondent.
A. Jackness, Brooklyn, for defendants-appellants.
Before EAGER, J.P., and STEUER, TILZER, McNALLY and McGIVERN, JJ.
Order, entered January 24, 1967, unanimously reversed, on the law, with $50 costs and disbursements to appellants and motion of defendants to dismiss action granted, with leave to plaintiff within 20 days after entry of order hereon and on payment of costs and disbursements of this appeal, to apply at Special Term for leave to serve a second amended complaint. The complaint in an action for slander is required to state In haec verba the particular defamatory words claimed to have been uttered by defendants. This requirement is strictly enforced and the exact words must be set forth. Any qualification in the pleading thereof by use of the words 'to the effect', 'substantially', or words of similar import generally renders the complaint defective. We conclude that the present complaint is not in compliance with the CPLR and decisional requirements.
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