Kleiman v. Beech-Nut Packing Co. — 259 A.D. 593

Majority

p. 593

Morris Kleiman and Others, Copartners, Doing Business under the Firm Name and Style of Kleiman & Kaplan, Respondents, v. Beech-Nut Packing Company, Appellant.

First Department,

May 31, 1940.

Chester Bordean of counsel [White & Case, attorneys], for the appellant.

Philip Prosk, for the respondents.

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.