
    Richard B. Fagan, Appellant, v Andrew P. Meloni, Respondent.
    (Appeal No. 1.)
   — Judgment unanimously affirmed, with costs. Memorandum: Based upon the trial evidence, defendants’ motion for judgment at the close of plaintiff’s proof pursuant to CPLR 4401 was properly granted as a matter of law by the court. (Appeal from judgment of Supreme Court, Monroe County, White, J. — libel.) Present — Dillon, P. J., Callahan, Doerr, Denman and Schnepp, JJ.  