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1-900-AUTOFAX, INC. v. NIAGARA FRONTIER AUTO. DEALERS ASS'N, INC.

209 A.D.2d 1016 (1994)

619 N.Y.S.2d 994

1-900-Autofax, Incorporated et al., Respondents, v. Niagara Frontier Automobile Dealers Association, Incorporated et al., Appellants

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

November 16, 1994

Order unanimously affirmed with costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Flaherty, J.). We add only that defendants did not rely upon the defense of qualified privilege in their motion for summary judgment and, therefore, their argument on appeal concerning that defense is not preserved for review (see, Oram v Capone, 206 A.D.2d 839

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