Mann v Abel (2004 NY Slip Op 08839)

Mann v Abel

2004 NY Slip Op 08839 [12 AD3d 646]

November 29, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2005

Monroe Yale Mann, Respondent,
v
Bernard Abel et al., Appellants.

—[*1]In an action to recover damages for libel, the defendants appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), entered February 17, 2004, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment, as the defendants failed to establish their prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]). Florio, J.P., H. Miller, Spolzino and Skelos, JJ., concur.