Order reversed, on the law, with $10 costs and disbursements, and motion granted.
We are of the opinion that the defense of qualified privilege is applicable (Byam v. Collins, 111 N.Y. 143; Bingham v. Gaynor, 203 N.Y. 27). In view of the applicability of this defense it is incumbent upon plaintiff to establish by evidentiary facts its allegation of actual malice in order to overcome the defense of qualified privilege (Shapiro v. Health Ins. Plan of...
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