Order affirmed, with $10 costs and disbursements.
No opinion.
Martuscello and Brennan, JJ., dissent and vote to reverse the order and to deny the motion, with the following memorandum:
On the basis of the affidavits and exhibits submitted on the motion, there are factual issues which cannot be resolved as to whether plaintiff is a "public official" (New York Times Co. v. Sullivan,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.