Defamation as a Cause of Action in New York

Defamation

“Defamation is a false statement which can expose the plaintiff to public contempt, ridicule, aversion, or disgrace, or induce an evil opinion from contemporaries, and inhibit positive societal interaction. (See Stepanov v Dow Jones & Co., Inc., 120 A.D.3d 28, 34 [1st Dept 2014] [citation omitted].) The elements of a defamation claim are: (1) a false statement, (2) published to a third party, (3) without privilege or authorization, and (4) that causes harm, unless the statement is one of the types of publications actionable regardless of harm. (Id. [citation omitted].) Statements that cause such harm include (i) charging plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman. (Liberman v Gelstein, 80 N.Y.2d 429, 435 [1992].) [S]ince only assertions of fact are capable of being proven false, a defamation claim therefore must be premised on published assertions of fact, rather than on assertions of opinion. (Sandals Resorts Intl. Ltd. v Google, Inc., 86 A.D.3d 32, 38 [1st Dept 2011] [internal quotation marks and citation omitted].) A statement’s truth or substantial truth is an absolute defense. (Stepanov, 120 A.D.3d at 34.)” Earthlink, LLC v. Charter Commc’ns Operating, LLC, 2022 N.Y. Slip Op. 31177 (N.Y. Sup. Ct. 2022).