Audenaere v. Nightingale

Appeal from that part of an order of the Supreme Court (Canfield, J.), entered July 2, 1992 in Ulster County, which denied defendant’s motion for summary judgment dismissing the amended complaint.

This libel action was commenced by service of a summons with notice filed on April 30, 1990 with the Ulster County Sheriff pursuant to CPLR 203 (b) (5). Plaintiff thereafter alleged in his amended verified complaint that defendant maliciously composed, typed and published a letter on or about March 15, 1990 containing false and defamatory matter concerning plaintiff in his profession as an engineer…