concurs (dissenting).
Since this case was tried and decided before the Supreme Court’s decision in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), I would remand it for retrial and reconsideration in the light of that case, compare Pauling v. National Review, Inc., 49 Misc.2d 975, 269 N.Y.S.2d 11 (1966), and its possible effect on the traditional fair comment rule. See Note, The Scope of First Amendment Protection for Good-Faith Defamatory Error, 75 Yale L.J. 642 (1966).