The elements of the cause of action are a false statement, published without privilege or authorization to a third party, constituting fault as judged by, at a minimum, a negligence standard, and it must either cause special harm or constitute defamation per se. The complaint must set forth the particular words allegedly constituting defamation, pursuant to CPLR 3016[a], and it must also allege the time, place, and manner of the false statement and specify to whom it was made. (see Dillon v City of New York, 261 AD2d at 38).
There is a one-year statute
of limitations that accrues when the allegedly defamatory statements are
originally uttered, pursuant to CPLR 215.
Case: Arvanitakis v. Lester, NY Slip Op 08191 (2d Dep't December 7, 2016)
Here is the decision.
Tomorrow's issue: An award for unpaid legal fees.