
    Harry G. Soper, Respondent, v. The Associated Press, Appellant.
    (Argued February 20, 1907;
    decided March 12, 1907.)
    
      Soper v. Associated Press, 115 App. Div. 815, affirmed.
    Appeal, by permission, from a judgment entered November 20, 1906, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action for libel.
    The following question was certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ”
    
      James McCormick Mitchell and Edward Ua/nce Letchworth for appellant.
    
      Id B. Butterfield for respondent.
   Judgment affirmed, with costs; question certified answered in the affirmative; no opinion.

, Concur: Edward T. Bartlett, Yaw, Werner and Chase, JJ. Dissenting; Cullen, Ch. J., Cray and Haight, JJ.  