You are here: / / DEFAMATION AND MALICIOUS PROSECUTION CAUSES OF ACTION SHOULD NOT HAVE BEEN...
,

DEFAMATION AND MALICIOUS PROSECUTION CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, ELEMENTS EXPLAINED (THIRD DEPT). ​

The Third Department, reversing Supreme Court, determined plaintiff had stated causes of action for malicious prosecution and defamation   Defendant, Goyer, was the town deputy clerk and plaintiff was the town supervisor.  Goyer had filed a harassment complaint against plaintiff alleging he physically prevented her from entering a conference room at the town hall. Plaintiff was acquitted and then brought this lawsuit:

Accepting plaintiff’s allegations as true, as we must, the complaint adequately alleges that Goyer “knowingly provided false information to the police” and such allegations are “sufficient to state that the complainant initiated the proceeding by playing an active role in the other party’s arrest and prosecution” … .  …

The incident report — which was attached to and incorporated into the complaint — indicates that, on the evening in question, Goyer attempted to enter a conference room at the Town Hall when plaintiff stepped to the side and blocked her from entering. Goyer indicated that, when she attempted to then go around him, plaintiff “put his arm up in front of [her] to block [her]” and “reached in front of [her,] grabbed [certain office supplies and] tried to pull them out of [her] hand” while screaming “[g]et out” and “[y]ou can’t come in here.” The statements contained in the information, supporting deposition and incident report were thereafter “published and/or republished to the press.” Inasmuch as these statements provide allegations of fact indicating that plaintiff subjected Goyer to unwanted physical contact while at the Town Hall, on the night of a Town Board meeting, at a time when plaintiff was acting in his official capacity as Town Supervisor, they provide “more than a general reflection upon [plaintiff]’s character or qualities” … . Higgins v Goyer, 2018 NY Slip Op 04067, Third Dept 6-7-18

DEFAMATION (DEFAMATION AND MALICIOUS PROSECUTION CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, ELEMENTS EXPLAINED (THIRD DEPT))/MALICIOUS PROSECUTION (DEFAMATION AND MALICIOUS PROSECUTION CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, ELEMENTS EXPLAINED (THIRD DEPT))

You might also like
PARENTS HAD STANDING TO BRING A MANDAMUS ACTION SEEKING A SOUND BASIC EDUCATION FOR THEIR CHILDREN, HOWEVER MANDAMUS LIES ONLY FOR GOVERNMENT ACTIONS WHICH ARE MANDATORY, NOT THE DISCRETIONARY ACTIONS SOUGHT BY THE PETITION HERE (THIRD DEPT).
CRITERIA FOR RECLASSIFICATION OF THE SORA RISK-LEVEL EXPLAINED (THIRD DEPT).
Audit Procedures, Disclosure of Which Could Impede Investigations, Are Exempt from Disclosure
RESPONDENT DID NOT CONSTRUCTIVELY DENY PETITIONER’S FOIL REQUEST BY EXTENDING ITS SELF-IMPOSED DEADLINES FOR RESPONDING TO THE REQUEST (THIRD DEPT). ​
JURY SHOULD HAVE BEEN INSTRUCTED A WITNESS WAS AN ACCOMPLICE AS A MATTER OF LAW (REQUIRING CORROBORATION OF THE WITNESS’ TESTIMONY), REQUEST FOR ACCOMPLICE INSTRUCTION DURING JURY DELIBERATIONS PRESERVED THE ISSUE FOR APPEAL.
Collective Bargaining Agreement Unambiguous—Lifetime Health Benefits Mandated
PLAINTIFF TRIPPED OVER A FOOTING FOR A TRAFFIC SIGNAL POLE WHICH HAD BEEN REMOVED; ALTHOUGH THE CITY APPROVED THE REMOVAL OF THE POLE IT PLAYED NO ROLE IN ITS REMOVAL; THEREFORE THE CITY DID NOT CREATE THE CONDITION AND THE LACK OF WRITTEN NOTICE RELIEVED THE CITY OF LIABILITY (THIRD DEPT).
Empire Zone Status Can Be Revoked; No Vested or Actionable Right

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DECISION WITHHELD AND PEOPLE DIRECTED TO PROVIDE DEFENSE APPELLATE COUNSEL WITH... PROVISION OF THE EDUCATION LAW WHICH ALLOWS THE APPOINTMENT OF A RECEIVER TO...