Order reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs.
In our opinion the defense that the article was a fair and true report of a judicial, public and official proceeding, privileged under section 337 of the Civil Practice Act, is a defense available to defendants which should not be summarily struck out as insufficient in law. (Baumann v. Newspaper Enterprises, 270 App. Div. 825; Farrell v. New York Evening Post...
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