19, 2006 news report. The second complaint then alleges in detail the untruths of the December 2006 broadcast. The December 19, 2006 broadcast was produced by Mr. Snepp and “moderated” by Mr. Moyer. The December 19, 2006 report began, “„[T]here are new questions about the safety of [the arena], questions investigated by [Mr.] Snepp and NBC4‟s Paul Moyer.‟” (Original bold and italics.) The broadcast continued: “At the outset of the News Report, Moyer stated: ‘Now, six years later [i.e. six years after [the arena] was opened to the public,] we can report, based on the City‟s own records, that a critical component of the fire protection system at [the arena] -the smoke evacuation system -has never been fully tested or proven.’” (Original bold and italics.) According to the“„It means the building is not safe to occupy.‟” (Original bold and italics.) Mr. Moyer‟s statement was false in that: as noted, the arena‟s smoke control system had been fully tested and had been approved in accord with the applicable building code; it misstated the contents of relevant records; and it misstated the code mandated testing requirements for smoke control systems. Mr. Babayans‟ statement was false: as it was predicated on Mr. Moyer‟s untrue statements; the arena‟s smoke evacuation system was fully operational; and the arena was safe to occupy. The second complaint further alleges in connection with the December 19, 2006 broadcast: “Viewed together in the context of the News Report as a whole, the above referenced statements send the false message that [the arena‟s] smoke control