January 15, 2014

Libel per se and slander per se.

Practice point:   For purposes of defending against a cause of action alleging libel per se, statements made by parties, attorneys, and witnesses in the course of a judicial or quasi-judicial proceeding are absolutely privileged, notwithstanding the motive with which they are made, as long as they are material and pertinent to the issue to be resolved in the proceeding.

Student note:  The statute of limitations for an action to recover damages for slander is one year, pursuant to CPLR 215[3], measured from the date of the publication or utterance of the allegedly slanderous statement.

Case:  Cullin v. Lynch, NY Slip Op 00086 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue: A taxi driver's liability for a passenger's injury.