—Order unanimously reversed on the law with costs, motion granted and third cause of action for defamation dismissed. Same Memorandum as in Gandino v Pelion, Inc. (202 AD2d 963 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Pooler, J. — Set Aside Verdict.) Present — Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.
David S. Gandino, Respondent, v. Pelion, Inc., et al., Appellants
202 A.D.2d 964612 N.Y.S.2d 989
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