New York Supreme Court July 28, 1952 (Mishkin v. Roreck)

Cuff, J.

This motion is to dismiss for legal insufficiency (Rules Civ. Prac., rule 106) the second count of the complaint which alleges slander. The spoken words were: “ You God damned son of a bitch; you lousy crook; you God damned bastard.” Special damages are not pleaded. Plaintiff proceeds on the theory that the utterance is slanderous per se.