This is a libel action in which plaintiffs move for summary judgment and an assessment of damages.
The contention of plaintiffs is that the article asserting that plaintiffs were arrested is untrue and that they were not, in fact, arrested.
The publication of an article charging that a person has been arrested, if untrue, is libelous per se. (Johnson v. Synett, 89 Hun 192, affd. 157 N.Y. 684.)
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