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BRANDT v. WINCHELL

286 A.D. 249 (1955)

Joseph L. Brandt, Respondent, v. Walter Winchell et al., Defendants, and Elmer H. Bobst, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 14, 1955.

Attorney(s) appearing for the Case

Clifton Cooper of counsel (E. Raymond Shepard and George Ainsworth, Jr., with him on the brief; Baldwin, Todd, Herold, Rose & Cooper, attorneys), for appellant.

Gilbert H. Weil of counsel (Alfred T. Lee and Kenneth E. Bergin with him on the brief; Gilbert H. Weil, attorney), for respondent.

PECK, P. J., COHN, CALLAHAN, BREITEL and BOTEIN, JJ., concur.

Per Curiam.

When the prior complaint was before this court (283 App. Div. 338), we dismissed, with leave to replead, indicating the necessity for plaintiff to state by way of separate causes of action what, if any, traditional torts he complained of, and also to allege any prima facie torts by way of a distinct cause of action.

Plaintiff thereupon served the present amended complaint, which is again attacked...

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