ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

October 02, 2013

Public figure’s complaint that false and defamatory statements were made about him dismissed as the record showed that the statements were true


Public figure’s complaint that false and defamatory statements were made about him dismissed as the record showed that the statements were true
2013 NY Slip Op 06083, Appellate Division, First Department

Plaintiff, a public figure [Figure], alleged that a New York City police detective “made false and defamatory statements about him to the press.” Figure sued but his petition was dismissed by Supreme Court.

In response to Figure’s appeal, the Appellate Division affirmed the lower court’s ruling, explaining that “The record demonstrates that all of the statements attributed to [the police detective] about [Figure] were true, namely, that [Figure] was being sought for questioning; that repeated efforts to locate [Figure] had been unsuccessful; and that the case involved an allegation of rape.

The Appellate Division then observed that “the fact that these truths may have been fatal to [Figure’s] bid for public office have no bearing on whether they were legally defamatory.”

Moreover, said the Appellate Division, Figure “failed to raise a triable issue of fact as to whether the alleged statements were actuated by ill will.”

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_06083.htm
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.