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July 25, 2025
False Statements That Manager Was Taking Kickbacks Constituted Defamation Per Se
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On June 18, 2025, Justice Andrew Borrok of the New York County Commercial Division issued a post-trial decision in IGC 444 Park LLC v. 444 PAS Restaurant Associates LLC, Index No. 656304/2020, holding one of the defendants, David Moinian, liable for defamation based on a statement that defendant made accusing plaintiff, the food-and-beverage manager of the Mondrian Park Avenue Hotel, of taking kickbacks, explaining: Read More
July 11, 2022
Opinions Are Not Defamatory Even If Offensive
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On April 1, 2022, in Lewis v. Schuster, Index No. 157975/2020, Justice Andrea Masley of the New York County Commercial Division dismissed a defamation action brought by a former partner of a law firm who was terminated after being accused of sexual misconduct. The former partner sued both the law firm and several of its partners for wrongful termination and later, in an amended complaint, defamation. In this action, the former (terminated) partner sued an attorney representing one of the law partners for allegedly defamatory statements made to the New York Law Journal which wrote an article covering the amended complaint. Read More
June 28, 2021
Defamation Claim Dismissed Based on Absolute Litigation Privilege
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price He… Read More
February 21, 2021
Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners,… Read More
December 31, 2020
Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 11, 2020
Whether Particular Words Are Defamatory Is for a Court to Determine in the First Instance
On December 3, 2020, the First Department issued a decision in Savitt v. Cantor, 2020 NY Slip Op. 07… Read More
November 4, 2020
Litigation Privilege Does Not Extend to Communications to Non-Party That Are Unrelated to the Litigation
On October 27, 2020, the First Department issued a decision in 3P-733, LLC v. Davis, 2020 NY Slip Op… Read More
October 7, 2020
Whether Employer is Responsible for Employee's Defamatory Statements is a Question of Fact
On October 2, 2020, the Fourth Department issued a decision in Elizabeth Votsis & Crave L&D, LLC v. … Read More
March 26, 2020
Absolute Privilege Applies to Contractual Non-Disparagement Clauses
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mal… Read More
March 18, 2020
Defamation Claim Cannot Be Based on Expressions of Opinion
On February 25, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 19, 2020
Statement That Counterclaimants Were "Scammers," "Con Artists" and "Thieves" Basis for Defamation Claim
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 001… Read More
November 27, 2019
Retaliation Claims Barred by Noerr-Pennington Doctrine
On November 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
April 29, 2019
Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity
On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip … Read More
April 24, 2019
Questions of Fact Preclude Dismissal on Litigation Privilege Grounds of Claim Based on Defendant's Alleged Pre-Ligitation Defamatory Statement
On March 25, 2019, Justice Masley of the New York County Commercial Division issued a decision in P… Read More
March 30, 2019
Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts
On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros… Read More
March 14, 2019
Qualified Privilege Bars Defamation Claim
On February 26, 2019, the First Department issued a decision in L.Y.E. Diamonds, Ltd. v. Gemological… Read More
March 5, 2019
Defamation Claim Dismissed; Alleged Defamatory Statements Subject to Qualified Privilege
On February 20, 2019, the Second Department issued a decision in Udeogalanya v. Kiho, 2019 NY Slip … Read More
March 3, 2019
Tortious Interference Based on Defamation Must be Pleaded With Particularity
On February 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 13, 2018
Fair Report Privilege Bars Defamation Claim Against Law Firm
On February 16, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 4, 2018
Libel Claim Based on Press Release Relating to Ongoing Litigation Dismissed
On March 1, 2018, the First Department issued a decision in FCRC Modular, LLC v. Skanska Modular LLC… Read More
