Order unanimously reversed on the law and facts, with costs, motion granted and complaint dismissed.
Memorandum:
The alleged libel was contained in an affidavit made by defendant as one of the attorneys for a contestant in the probate of the last will and testament of one Julia Meyer Scheu in a proceeding pending in Erie County Surrogate's Court. The affidavit was submitted in support of a motion to take the testimony of plaintiff and his wife (the nominated...
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