LaBarge v. Holmes

Appeal from an order of the Supreme Court, Oswego County *1088(James W. McCarthy, A.J.), entered January 31, 2005. The order, inter alia, granted defendant’s motion for summary judgment dismissing the second cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion and reinstating the second cause of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages for defendant’s allegedly defamatory statement made in a formal criminal…