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SCACCIA v. DOLCH

231 A.D.2d 885 (1996)

647 N.Y.S.2d 883

Ronald A. Scaccia, Appellant, v. Rebecca W. Dolch, Individually and as Senior Pastor of St. Paul's United Methodist Church, et al., Respondents

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

September 27, 1996

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted summary judgment dismissing the first and third causes of action. Defendants Rebecca W. Dolch and William D. Highland met their burden of establishing lack of publication by presenting proof in admissible form that the defamatory statements alleged in the first cause of action were not made by them to defendant Marian MacCurdy (see, Barber v Daly,

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