Cheves v. Trustees of Columbia University
Opinion of the Court
The court properly determined that the cause of action sounding in defamation was time-barred (CPLR 215). Contrary to plaintiffs argument, defendant did not “continue[ ]” its allegedly tortious conduct by repeating in the motion to dismiss that plaintiff committed acts of harassment. Statements made in the course of judicial proceedings pertinent to the litigation are privileged (see Mintz & Gold, LLP v Zimmerman, 56 AD3d 358, 359 [2008]). Furthermore, there is no support for plaintiff’s proposition that the statute of limitations governing actions for defamation is subject to a “continuing tort” exception. Concur— Mazzarelli, J.P, Saxe, DeGrasse and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.