Order and judgment affirmed, with $50 costs and disbursements.
Since both the oral and written communications were qualifiedly privileged (see Byam v Collins, 111 N.Y. 143, 150; Bingham v Gaynor, 203 N.Y. 27, 31), it was "incumbent upon plaintiff to establish by evidentiary facts its allegation of actual malice" in order to surmount the privilege (Kremer Constr. Co., v Garfinkel,
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