
    Sedley E. Lee, Appellant, v. James A. Sperry et al., Respondents.
    
      Lee v. Sperry, 172 App. Div. 895, appeal dismissed.
    (Submitted October 11, 1918;
    decided October 29, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 19, 1915, unanimously affirming a judgment in favor of defendants entered upon a verdict in an action for libel. Defendants were proprietors of the Brooklyn Daily Times which published a news item stating' that plaintiff had been arrested upon a summons and complaint charging him with grand larceny. The answer pleaded “ truth ” and “ privilege.”
    
      Alexander S. Bacon for appellant.
    
      Robert H. Wilson for respondents.
   Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound and Crane, JJ. Not voting: Andrews, J.  