Ordered that the order is reversed, on the law, with costs, and the motion of the defendants in action No. 2 for summary judgment dismissing the complaint in that action is granted.
"The essence of the tort of [defamation] is the publication of a statement about an individual that is both false and defamatory. Since falsity is a sine qua non of a [defamation] claim and since only assertions of fact are capable of being proven false. . . a libel action cannot...
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