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OATES v. MARINO

106 A.D.2d 289 (1984)

William Oates et al., Respondents-Appellants, v. Ralph Marino, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 13, 1984

In this defamation action brought against State Senator Ralph Marino, Special Term properly granted summary judgment dismissing plaintiff's second cause of action which charged that the defendant, Marino "caused one DALE SMITH an `investigator' for his Senate [sic] to state at public hearing [the allegedly defamatory remarks]". The hearings were being conducted by Marino while he was acting as a legislator "within the sphere...

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