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Posts Categorized: Defamation

Posted: 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 in H. Roske & Assoc., LP v. Burghart, 2020 NY Slip Op. 34220(U), holding that the statute of limitations on a claim for defamation runs from the date of the defamatory statement, not the date of discovery, explaining: Counterclaim... Read more »

Posted: 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. 06043, holding that the litigation privilege does not extend to communications to a non-party unrelated to the litigation, explaining: Defamation is the making of a false statement which tends to expose the plaintiff to public contempt,... Read more »

Posted: 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. ADP, LLC, 2020 NY Slip Op. 05311, holding that whether an employer is responsible for an employee’s defamatory statements is a question of fact, explaining: Accepting as true the facts alleged in the amended complaint, as we... Read more »

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 »