Opinion
November 15, 1989
Appeal from the Supreme Court, Onondaga County, Hayes, J.
Present — Dillon, P.J., Callahan, Boomer, Lawton and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants' motion for summary judgment in this action for defamation based upon defendants' publication of a memorandum which allegedly harmed plaintiff in his trade, profession and occupation. Plaintiff submitted sufficient evidence in opposition to defendants' motion to raise a triable issue of fact whether defendants were motivated by actual malice in publishing the memorandum in question (see, Baldwin v Shell Oil Co., 71 A.D.2d 907).