Fabian v. Amerikai Magyar Szo

Order affirmed, with $20 costs and disbursements to the respondent. Concur — McFally, Stevens and Bastow, JJ.; Breitel, J. P. and Valente, J., dissent and vote to reverse and grant the motion to dismiss the complaint in the following memorandum by Valente, J.: We would reverse the order and grant defendant’s motion to dismiss the complaint for insufficiency. *642The language of the portion of the article in defendant’s newspaper, about which plaintiff complains, is not libelous as a matter of law. (See Tracy v. Newsday, 5 N Y 2d 134.) Moreover, plaintiff is not specifically mentioned in the…