Order unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum:
The court erred in granting the motion of defendants Kriss and The Herald Company for summary judgment dismissing the plaintiff's complaint in a libel action. A factual issue exists whether the reporter, who drew erroneous conclusions from his observations at a DWI roadblock and did not attempt to verify the identity of the person...
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