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Civil Rights Law, Defamation

Elements of Defamation, Invasion of Privacy and Intentional Infliction of Emotional Distress Explained

Plaintiff, an English professor, brought suit for defamation and invasion of privacy based upon two articles in the defendant New York Post and on the websites of two other defendants.  In affirming the trial court’s grant of summary judgment to the defendants, the First Department applied the facts of the case to the proof requirements for defamation (finding the statements were not false or were expressions of opinion), “invasion of privacy” pursuant to the NY Civil Rights Law sections 50 and 51 (involving the use of plaintiff’s image), prima facie tort and intentional infliction of emotional distress.  The decision briefly but clearly articulates the essential elements of these causes of action and the reasons the elements were not demonstrated.  Fleischer v NYP Holdings, Inc., 2013 NY Slip Op 01784, 150164/10, 9557, 1st Dept. 3-19-13

 

March 19, 2013
https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2013-03-19 13:53:222020-12-03 17:40:18Elements of Defamation, Invasion of Privacy and Intentional Infliction of Emotional Distress Explained
Defamation

Journalist Deemed “Limited Public Figure.”

A defamation complaint was dismissed because the plaintiff, a journalist, was deemed to be a “limited public figure,” and there was no showing the challenged statements were made with “actual malice or gross irresponsibility.”  The First Department noted that the statement which included the word “liar” was likely to be understood as opinion, not fact.  Farber vs Jeffreys, 9297, 106399/09 First Dept. 2-19-13

 

February 19, 2013
https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2013-02-19 09:32:412020-12-03 15:14:33Journalist Deemed “Limited Public Figure.”
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