Wednesday, December 14, 2016

A cause of action for defamation.

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[3].

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.