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New York Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander for New York on
Q: My reputation was affected by a spiteful alumni correspondent. Do I have a case?

I lost close friends and have been depressed as a result of his actions.

Tim Akpinar
Tim Akpinar answered on Feb 1, 2022

I'm sorry for the ordeal you experienced. It would be difficult for any attorney to answer a simple "yes" or "no" as to whether you have a case. In terms of legal elements, one could meet the elements of a defamation action in terms of being the victim of a false statement,... Read more »

2 Answers | Asked in Libel & Slander for New York on
Q: Advise Lisa whether she can make a claim against the factory (do not discuss defences).

Lisa and her father moved three years ago to live next to the Tropichem Co Ltd which is a factory that produces toxic chemicals. The factory is in the manufacturing district of the island. Lisa's father has a nervous condition which has worsened because of the constant noise from the factory.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 25, 2021

If this is an actual situation, you could consider reaching out to an attorney who handles toxic tort matters. If it is a hypothetical problem that you are researching for educational purposes, you need to examine it from the standpoint of nuisance theory, not defamation theory. Nuisance generally... Read more »

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1 Answer | Asked in Criminal Law, Landlord - Tenant and Libel & Slander for New York on
Q: I believe the location where I have been staying at is mixing the bathing water with sewer water or feces...options?

I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.

Stuart Austin
Stuart Austin answered on Sep 1, 2021

I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.

Good Luck

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

1 Answer | Asked in Libel & Slander and Personal Injury for New York on
Q: what are examples of NY cases where absolute privilege does not shield person from liability for defamation?
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 10, 2021

Most of your run-of-the-mill defamation cases will not invoke the absolute privilege defense. Defamatory statements that are entitled to absolute privilege are those made in the context of legislative proceedings, judicial proceedings, etc. Here's an article I found online which you might... Read more »

1 Answer | Asked in Criminal Law, Family Law, Libel & Slander and Personal Injury for New York on
Q: Can my county board of Ed suspend me if CPS has filed an abuse and neglect petition against but no criminal charges?

An abuse and neglect petition has been filed against me by Child Protection Services for unfounded allegations for an incident that happened outside of work. I am not being criminally charged. There isn't even a criminal investigation. They suspended me without pay. Im in West Virginia.

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

This looks like something that an employment law attorney would probably know better than attorneys who practice in the categories posted. You posted in New York, but mention being in West Virginia. If this involves a West Virginia county/school district/teacher's union and that's where... Read more »

1 Answer | Asked in Libel & Slander for New York on
Q: I am filing poor person papers to waive $210 index fee in court.The clerk is hassling me abit

Article 11 and talking about fraud in trying to apply as a poorperson question is,could the courts try to claim I am committing fraud when applying for poor person status?

Tim Akpinar
Tim Akpinar answered on Sep 2, 2020

Here is a resource that might be helpful. It's from the NYS Unified Court System:

What to Say in a Fee Waiver Request

The Affidavit given to the Court to support your fee waiver request should include the following information:

- state that you are unable to pay the...
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1 Answer | Asked in Libel & Slander for New York on
Q: I am applying to the court to go as a poor person,the clerk scared me a bit about fraud referencing cplr article 11

Should I be worried? I didnothing wrong.

Tom Evans
Tom Evans answered on Aug 28, 2020

Sorry but I need more details. Are you a seaman? If so and you are filing in Federal Court and the matter happened on a vessel you might not be required to pay a filing fee.

2 Answers | Asked in Libel & Slander for New York on
Q: I refused to give family member $, so they said they will slander me in emails to my office as revenge. Is this illegal
Howard E. Knispel
Howard E. Knispel answered on Jun 2, 2020

This is not a Family Law question it is better to address this to lawyers who handle Torts.

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1 Answer | Asked in Employment Law, Energy, Oil and Gas and Libel & Slander for New York on
Q: Professional reputation damage control (Cease & desist letter? To who/what company? Better options?)

Terminated from contract role after weeks of increasingly hostile treatment from my supervisor (partner at the firm) & another project lead (new contract worker. Old friend of supervisor). I received entirely positive feedback for months until they botched a proposal and lost the client. The... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 29, 2020

It's also a huge city which is actually very small. Professionals rarely have time to ruin other professionals' lives. They also don't want to give some law firm ammunition for a lawsuit. Remember, it's a one-party consent state to record others so I assume that I am being... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for New York on
Q: Im in NY State. Do the NY state labor laws allow for employees to get information about the content shared about u.

How to know If someone isnt slandering info. to the unemployment dept from your prev. Employer to disqualify you for applyn for benefits? What info can you legally request.

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 6, 2020

Greetings. If a person is connected to a governmental agency (for example, they have a pending unemployment application in front of an unemployment agency), they should be able to get all evidence submitted by any party just be asking. If a person is not connected to the agency (for example, an... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Family Law and Civil Rights for New York on
Q: Can an ACS caseworker be sued as an individual for slander/defamation? I have proof that she lied in her report

After receiving a copy of the SCR report I discovered that the caseworker, her supervisor and unit manager all lied in their reports as well as excluded documents that provided proof that there was no neglect, yet my case was still "indicated". I have proof. Are they still covered by immunity?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 1, 2020

If they were acting in their capacity at DSS it is unlikely that you can sue.

1 Answer | Asked in Libel & Slander and Criminal Law for New York on
Q: If your secret identity got exposed on national news but had nothing to backup that claim, how would you proceed?

Say a dying man recorded a video where he exposes your secret superhero identity but provided no evidence to prove it. Said video then is shown on national news (still with no evidence), can you sue? If yes, who would you sue and for what?

Also if they "exposed" a minor? Would it... Read more »

Gary Kollin
Gary Kollin answered on Sep 1, 2019

I would consult the Justice League or Stan Lee with that question except that Stan Lee is dead. Maybe not, he may be living in Hawaii with Elvis

2 Answers | Asked in Libel & Slander and Admiralty / Maritime for New York on
Q: slip fully paid for the year. sold the boat and promised buyer the slip as well. can the Marina try charging new owner ?

So I sold my boat and promised new owner the slip as well since it was fully paid for the remainder of the summer season. As suggested by the owner of the marina stating that it would be more appealing when selling a boat. So now that boat its sold the marina's owner is no where to be found... Read more »

Tom Evans
Tom Evans answered on Jul 24, 2019

This does not involve maritime law or admiralty. You need to consult with a local attorney about breach of contract issues

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1 Answer | Asked in Sexual Harassment, Civil Rights and Libel & Slander for New York on
Q: I have been falsely accused of sexual harassment by the superintendent of the coop that I live in.

I served on the board of directors as vice president I was thrown off the board by the false allegation and now my name is being tarnished in the community. I need to speak with someone in regards to my rights and what i can do legally.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Hire a competent lawyer who has experience in dealing with (very troublesome) cooperative associations.

1 Answer | Asked in Personal Injury and Libel & Slander for New York on
Q: If a defamation statute of limitations expired. Are there any other resources outside of temporary restraining order ?

If a defamation statute of limitations expired. Are there any other resources outside of temporary restraining order ?

Someone (an ex partner) wrote deragtory, defamtory information about me online in 2013 after they already did the same thing in 2009. I was told to go to my local court... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

If they leave it up it can be viewed as a continuing libel. Get an attorney to write a cease and desist letter on your behalf and also to ask the services involved to take the materials down.

3 Answers | Asked in Criminal Law and Libel & Slander for New York on
Q: Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?
Samuel C. Breslin
Samuel C. Breslin answered on Aug 3, 2018

Possibly - this depends a lot on the type of lawsuit, as well as the ultimate disposition of the criminal case. If he’s acquitted, it will have little impact on a civil case. Feel free to reach out directly if you have further questions. Thanks!

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Q: An employee in NY state had been using a personal "trail camera" to record other personnel on company property.

The surveillance equipment was owned and installed by an hourly employee on company property and hidden out of sight with no declaration of it's presence or intention. The camera had been in use for months to secretly record any and all persons, with no consent, making use of a well trafficked... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 20, 2018

Maybe? Are you part of management or do you own the company or the building?

A well trafficked area could be a restroom and that would certainly not be legal. We all have expectations of privacy there.

Analysis. Assuming you do not work for the government, did surveillance cause...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for New York on
Q: Legal protection from mentally ill family member that makes false accusations/charges

We have a mentally ill family member who in the past has made false accusations to the authorities against us. She is currently confined to a NY State mental hospital, but she was able to phone in the false accusation in the past and the authorities are obliged to respond which is traumatic and... Read more »

Gary Lane
Gary Lane answered on Mar 24, 2018

Hello in Gloversville. You are in a tough spot. You did not mention if this hospital is a government-run hospital or a private hospital. Technically you can sue the patient perhaps for Defamation and Harassment, but what would you gain? Even the authorities may have a hard time stopping this... Read more »

1 Answer | Asked in Libel & Slander and Civil Litigation for New York on
Q: Is this grounds for dismissal in federal defamation case?

I’m a pro se defendant in a Federal defamation suit. The case was filed by a former employer who I’ve spoken out against on social media. I’m a college student without money for an attorney so I’m representing myself. I failed to answer the complaint in time & a motion for default... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 5, 2018

It is not grounds. Missing a hearing is inexcusable. Either hire a lawyer or do the case, but intentionally defaulting will not be a successful strategy.

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