Practice point: There is no cause of action if the words, tested by their effect on the average reader, are not reasonably susceptible of a defamatory meaning.
Practitioners should note that a communication that states or implies that a person is promiscuous is defamatory.
Case: Ava v. NYP Holdings, Inc., NY Slip Op 05611 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Employment Law.
