Appellate Division of the Supreme Court of the State of New York March 11, 1985 (Liebling v. Yankwitt)

— In an action to recover damages for defamation, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated December 14, 1983, as granted plaintiff’s motion to dismiss his first counterclaim for failure to state a cause of action, without prejudice to replead, and the plaintiff cross-appeals from so much of the same order as granted the defendant’s