On December 7, 2023, the First Department issued a decision in Durst Pyramid LLC v. Silver Cinemas Acquisition Co., 2023 NY Slip Op. 06311, holding that an allegedly defamatory statement was protected by the absolute litigation privilege . . . Continue reading Alleged Defamatory Statement Protected by Absolute Litigation Privilege
On June 13, 2023, the Court of Appeals issued a decision in Gottwald v. Sebert, 2023 NY Slip Op. 03183, holding that the litigation privilege is absolute, but that a defamation claim can be based on pre-litigation statements if the statements were not made in good faith . . . Continue reading Litigation Privilege Absolute, But Defamation Claim Can be Based on Pre-Litigation Statements if Not Made in Good Faith
On March 28, 2023, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2023 NY Slip Op. 01654, recognizing an exception to the absolute litigation privilege for threatening to give false testimony . . . Continue reading First Department Recognizes Exception to Absolute Litigation Privilege For Threatening to Give False Testimony
On December 3, 2022, Justice Masley of the New York County Commercial Division issued a decision in EarthLink, LLC v. Charter Communications Operating, LLC, 2022 NY Slip Op. 34097(U), holding that a false statement that a business is insolvent is defamation per se . . . Continue reading False Statement That a Business is Insolvent is Defamation Per Se
On August 4, 2022, the Fourth Department issued a decision in Fika Midwifery PLLC v. Independent Health Assn., Inc., 2022 NY Slip Op. 04876, upholding claims for defamation of a business . . . Continue reading Plaintiffs Successfully Plead Claim for Defamation of Business
On May 24, 2022, Justice Borrok of the New York County Commercial Division issued a decision in BDO USA, LLP v. Morris, 2022 NY Slip Op. 31682(U), holding that the absolute litigation privilege did not defeat a defamation claim when the litigation was a sham . . . Continue reading Absolute Litigation Privilege Does Not Defeat a Defamation Claim When Litigation is a Sham
On April 19, 2022, the First Department issued a decision in Gardner v. Virtuoso Ltd, 2022 NY Slip Op. 02508, dismissing a defamation claim . . . Continue reading Defamation Claim Dismissed for Failure to Allege Exact Words Used
On April 1, 2022, Justice Masley of the New York County Commercial Division issued a decision in Lewis v. Schuster, 2022 NY Slip Op. 30750(U), dismissing a defamation claim because it was based on non-actionable statements of opinion . . . Continue reading Defamation Claim Dismissed Because Alleged Defamatory Statements Were Non-Actionable Opinions
On April 6, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in 125 Tuckahoe Lane Corp. v Exit Hospitality Group LLC, 2022 NY Slip Op. 50246(U), holding that an employer was not liable for a defamatory statement made by its employee when the statement was unrelated to the employer-employee relationship . . . Continue reading Employer Not Liable for Defamation Based on Statements by an Employee Unrelated to the Employer-Employee Relationship
On December 10, 2021, Justice Masley of the New York County Commercial Division issued a decision in Gardner v. Virtuoso Ltd., 2021 NY Slip Op. 32651(U), dismissing infliction of emotional distress claims based on alleged defamatory comments . . . Continue reading Defamatory Statements, Without More, Cannot be the Basis of an Infliction of Emotional Distress Claim
