Opinion
February 23, 1976
In a defamation action, defendant appeals from an order of the Supreme Court, Rockland County, entered October 29, 1974, which denied his motion to dismiss the complaint and for summary judgment. Order affirmed, without costs and disbursements. There appears to be an issue of fact which must be resolved upon a trial. Martuscello, Acting P.J., Latham, Cohalan, Rabin and Titone, JJ., concur.