Defamation Per Se

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In Lively v. Wafra Inv. Advisory Group, Inc., No. 154121/2021, 2022 WL 195735 (N.Y. Sup Ct, N.Y. Cty., Jan. 21, 2022), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s age discrimination claim under the New York State Human Rights Law (N.Y. Exec. Law § 290, et seq.) and the New York City Human…

Read More “Advanced Age” Discrimination Claim Dismissed; Alleged Sexual Harassment Was Reason For Termination
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In Chang v. Arroyave, No. 55459/2020, 2020 N.Y. Slip Op. 50910(U), 2020 WL 4690002 (Sup Ct Westchester Cty Aug. 12, 2020), the court denied defendant’s motion to dismiss plaintiff’s defamation claim. The court summarized the facts as follows: On or about April 2, 2020, attorneys for Sonia Arroyava issued a letter for settlement purposes only…

Read More Defamation Case, Arising From Threat of Discrimination/Hostile Work Environment Lawsuit, Survives Motion to Dismiss
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Defamation claims are not easy to prove. One (substantial) hurdle that a defamation plaintiff must overcome is demonstrating that the alleged defamatory remark was a false statement of fact, rather than (non-actionable) opinion. This is illustrated by a recent court decision, Cardali v. Slater, 2018 NY Slip Op 08544 (App. Div. 1st Dept. Dec. 13, 2018).…

Read More Libel Claim Properly Dismissed; “Common Criminal” Remark Was Nonactionable Opinion
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In Avril Nolan, Claimant, State of New York, Defendant., No. 123283, 61 Misc. 3d 1225(A), 2018 N.Y. Slip Op. 51789(U), 2018 WL 6497131 (N.Y.Ct.Cl., Nov. 08, 2018), the Court of Claims awarded the Claimant – a model whose image was used by the New York State Division of Human Rights in an advertising campaign to…

Read More Model Awarded $125k in Damages Arising Out of Use of Image in HIV Rights Campaign
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Today an Appellate Division, Third Department panel held, in Yonaty v. Mincolla, that false accusations that one is gay, lesbian, or bisexual no longer qualify as defamation “per se”.  Defamation “per se” does not require proof of economic or pecuniary harm because statements falling into that category “are commonly recognized as injurious by their nature,…

Read More False Accusations of Homosexuality Held Not Defamatory Per Se
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