On December 18, 2025, the First Department issued a decision in Irizarry v. Zelaya, 2025 NY Slip Op. 07096, applying the malicious litigation exception to the fair report privilege . . . Continue reading Court Applies Malicious Litigation Exception to Defamation Fair Report Privilege
On November 21, 2025, the Fourth Department issued a decision in Armbruster Capital Mgt., Inc. v. Barrett, 2025 NY Slip Op. 06493, holding that a defamation claim can arise from a false implication based on true facts . . . Continue reading Defamation Claim Can Arise From False Implication Based on True Facts
On July 22, 2025, Justice Livote of the Queens County Commercial Division issued a decision in Cabrita v. Vitabyte, Inc., 2025 NY Slip Op. 51214(U), holding that a business can be held liable for defaming a former employee . . . Continue reading Business Can Be Held Liable for Defaming Former Employee
On June 26, 2025, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2025 NY Slip Op. 03872, holding that the absolute litigation privilege does not bar a suit for breach of an NDA in connection with a litigation . . . Continue reading Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation
On April 25, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media, LLC, 2025 NY Slip Op. 31476(U), holding that defamation claims were barred by the litigation privilege . . . Continue reading Defamation Claims Barred by Litigation Privilege
On December 3, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bryan v. Slothower, 2024 NY Slip Op. 51630(U), holding that the absolute litigation privilege extends to statements made in arbitral proceedings . . . Continue reading Absolute Litigation Privilege Extends to Arbitral Proceedings
On September 4, 2024, Justice Chan of the New York County Commercial Division issued a decision in BT Supplies W., Inc. v. Brookline, LLC, 2024 NY Slip Op 33101(U), holding that a plaintiff cannot use a tortious interference claim to avoid the one-year statute of limitations for defamation . . . Continue reading Plaintiff Cannot Use Tortious Interference Claim to Avoid Defamation Statute of Limitations
On June 12, 2024, the Second Department issued a decision in Nofal v. Yousef, 2024 NY Slip Op. 03182, holding that a defamation claim failed for lack of detailed allegations . . . Continue reading Defamation Claim Dismissed for Lack of Detailed Allegations
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
