
    Giuseppe Donato, Appellant, v. Theodore Kiendl et al., Respondents.
   Present — Dore, J. P., Cohn, Callahan, Yan Yoorhis and Shientag, JJ.; Yan Yoorhis, J., concurring for affirmance upon the second ground stated in defendants’ notice of motion, that summary judgment dismissing the complaint was properly granted on the basis of the record in the Federal court action, which has the effect of documentary evidence establishing as matter of law that defenses of justification, and fair report and comment respecting judicial proceedings.  