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  5. 35 N.Y.2d 746 (1974)
 

ANDERSON v. NEW YORK TEL. CO.

35 N.Y.2d 746 (1974)

Leroy Anderson, Respondent, v. New York Telephone Company, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1974.

Attorney(s) appearing for the Case

George E. Ashley, Charles Ryan Desmond, Martin F. Idzik and John C. Spitzmiller for appellant.

A. E. Schulgasser for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS. Judge GABRIELLI concurs in the following opinion in which Judge WACHTLER concurs. Taking no part: Judge JASEN.

Order reversed, without costs, on the dissenting opinion by Mr. Justice G. ROBERT WITMER at the Appellate Division and the judgment of Supreme Court, Erie County, reinstated.

GABRIELLI, J. (concurring).

We concur in the result reinstating the judgment dismissing the complaints; but since it is abundantly clear that defendant did not "publish" the defamatory material complained of, we do not deem it necessary...

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