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Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
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 inĀ 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 and the time, place and manner of the purported defamation.

(Internal quotations and citations omitted).

Civil litigation can involve claims that cause real reputational harm. As this decision shows, there are special rules relating to pleading defamation claims, such as the requirement that the allegations be specific. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions about whether statements about you or your business can be the basis for a claim for defamation.

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Posted in Commercial, Defamation
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