Defamation

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In Doe v. Doe, No. 155961/2020, 2024 WL 3549750 (N.Y. Sup Ct, New York County July 25, 2024), the court granted plaintiff’s motion to dismiss defendant’s counterclaims alleging the filing of a false police report and complaints to child protective services. The court summarized the facts as follows: It is undisputed that Plaintiff was employed…

Read More Court Dismisses Counterclaims for Defamation, Abuse of Process Arising Out of Alleged False Police Report and Complaints to Child Protective Services
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In a recent decision, Corey v. City of New York, No. 151459/2023, 2023 WL 8478872 (N.Y. Sup Ct, New York County Dec. 07, 2023), the court granted defendants’ motion to dismiss plaintiff’s claim of defamation against the New York City Mayor Eric Adams. This case arose from events following an incident in which a male…

Read More Court Dismisses Jessica Corey’s Defamation Claim Against NYC Mayor Adams
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New York is an “at will employment” state. In Winiarski v. Butler, 2021 NY Slip Op 07534 (N.Y. App. Div. 1st Dept. Dec. 28, 2021), the court unanimously affirmed the dismissal of plaintiff’s tort claims allegedly arising from plaintiff’s termination. It explained: New York does not recognize the tort of wrongful discharge for at-will employees, and…

Read More Terminated At-Will Employee’s Defamation, Tortious Interference Claims Properly Dismissed
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In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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In November 2020, New York Governor Andrew Cuomo signed into law an update to New York’s anti-SLAPP law that expands the rights and protections of defendants in lawsuits based on their right to free speech. “SLAPP” is an acronym for “Strategic Lawsuit Against Public Participation.” While New York had an anti-SLAPP law on the books for…

Read More Court Applies NY’s Recently-Enhanced Anti-SLAPP Law to Dismiss Defamation Claim Asserted By Queens Doctor
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In Chrismy Sagaille v. Christina Carrega et al, 2021 NY Slip Op 01369 (NY App. Div. 1st Dept. March 9, 2021), the Court reversed the lower court’s order denying defendant’s motion to dismiss plaintiff’s claims for libel per se and defamation against defendant defendant, based on statements she made to the NYPD. Ultimately, the court’s decision (discussed…

Read More Defamation Claim Against Alleged Sexual Assault Victim
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In Petrisko v Animal Medical Center, No. 12095, 151573/18, 2019-5044, 2020 N.Y. Slip Op. 05830, 2020 WL 6065450 (N.Y.A.D. 1 Dept., Oct. 15, 2020), the court affirmed the dismissal of plaintiff’s defamation, retaliatory discharge, and tortious interference. From the decision: The motion court correctly dismissed as untimely the defamation claims arising from statements that were…

Read More Retaliation, Defamation, and Tortious Interference Claims Properly Dismissed, Court Holds
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In Chang v. Arroyave, No. 55459/2020, 2020 N.Y. Slip Op. 50910(U), 2020 WL 4690002 (Sup Ct Westchester Cty Aug. 12, 2020), the court denied defendant’s motion to dismiss plaintiff’s defamation claim. The court summarized the facts as follows: On or about April 2, 2020, attorneys for Sonia Arroyava issued a letter for settlement purposes only…

Read More Defamation Case, Arising From Threat of Discrimination/Hostile Work Environment Lawsuit, Survives Motion to Dismiss
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In Winklevoss v. Steinberg, 2019 NY Slip Op 02419 (App. Div. 1st Dept. March 28, 2019), the court unanimously affirmed the dismissal of plaintiffs’ defamation claim. The court based its decision on the plaintiffs’ status (public figures) and their failure to prove “actual malice”, the applicable standard under these circumstances. As to their status, the…

Read More Winklevoss Twins’ Defamation Claim Dismissed; Actual Malice Not Shown
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A recent decision, Petrisko v Animal Medical Center, No. 151573/2018, 2019 NY Slip Op 30679(U), 2019 WL 1311026 (N.Y. Sup Ct, New York County Mar. 22, 2019), highlights important features of New York defamation law – such as when alleged defamatory statements are non-actionable opinion, and the specificity with which such claims must be alleged.…

Read More Defamation Claim Dismissed; Alleged Defamatory Statements Were Non-Actionable Opinion, and Allegations Were Insufficiently Specific as to Time
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