Posts Categorized: Defamation

Posted: 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 Malta v. Gaudio, 2020 NY Slip Op. 30699(U), holding that the absolute litigation privilege applies to non-disparagement clauses, explaining: In his opposition papers, and relying on Purple Eagle Entertainment, Inc. v Bray, 2018 NY Slip Op 30538[U] [Sup... Read more »

Posted: 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. 00113, holding that a statement that the counterclaimants were “scammers,” “con artists” and “thieves” was a sufficient basis for a claim for defamation, explaining: The elements of a cause of action sounding in defamation are (1) a... Read more »

Posted: 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 in Pozner v. Fox Broadcasting Co., 2019 NY Slip Op. 33415(U), holding that retaliation claims were barred by the Noerr-Pennington doctrine, explaining: Pozner’s retaliation claim alleges that Fox’s counterclaims were brought solely as retaliation for Pozner’s claims of discrimination... Read more »

Posted: 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 Op. 02663, dismissing a defamation claim for failure to plead the circumstances of the defamatory statement with particularity, explaining: The more recent statements are not actionable because plaintiff failed to set forth the exact words complained of... Read more »

Posted: 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 Phramus, Inc. v. Metropolitan Opera Assn., Inc., 2019 NY Slip Op. 30834(U), holding that questions of fact precluded dismissal on litigation privilege grounds of claim based on a defendant’s alleged pre-litigation defamatory statement, explaining: The court agrees with defendants... Read more »

Posted: 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 Intl. PLC v. Mangrove Partners, 2019 NY Slip Op, 30604(U), dismissing a defamation claim because it was based on conclusions drawn from undisputed facts, explaining: Under New York law, a claim for defamation must allege a false... Read more »

Posted: 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 Inst. of Am., Inc., 2019 NY Slip Op. 01360, holding that a defamation claim was barred by qualified privilege, explaining: The motion court correctly dismissed, pursuant to CPLR 3211(a)(1), the defamation and trade libel causes of action on the... Read more »

Posted: 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 Op. 01251, holding that a defamation claim should be dismissed based on the qualified privilege, explaining: We agree with the defendants’ contention, raised as an alternative ground for affirmance, that the challenged statements were protected by a qualified privilege.... Read more »

Posted: 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 Wikked Entertainment, Inc. v. Burbacki, 2019 NY Slip Op. 30329(U), holding that a claim for tortious interference based on defamation must be pleaded with particularity, explaining: The motion to dismiss the second cause of action (tortious interference) is granted... Read more »