Lander v. Wald — 245 N.Y. 590

Majority

p. 590

Samuel Lander, Respondent, v. Isaac Wald, Appellant.

(Submitted May 13, 1927;

decided May 31, 1927.)

Headnote

Pleading — slander — words actionable per se — complaint alleging defendant charged plaintiff with being a “ pimp ” states a cause of action for slander.

Lander v. Wald, 218 Apg. Div. 514, affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1926, which reversed an order of Special Term granting a motion by defendant for a dismissal of the complaint and denied said motion.

p. 591

The action was for slander. The complaint alleged that the defendant in the presence of third persons “ maliciously spoke of and concerning the plaintiff, the false and defamatory words as follows: c You have no business to work. You are a pimp,’ ” and “ The pimp is making $100 a week and he goes home so early.” The Appellate Division held that the words alleged to have been spoken charge a crime and are actionable per se.

The following question was certified:

“ Does the complaint state a cause of action ? ”

Maurice Deiches and Elwood G. Feldstein for appellant.

Walter L. Bunnell for respondent.

Order affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Cab,nozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.