Goldberg v. Levine
Cases that cite this one
20 later published cases cite this decision.
- Greenberg v. Spitzer (Appellate Division of the Supreme Court of New York 2017)
- Abakporo v. Daily News (Appellate Division of the Supreme Court of New York 2013)
- Abakporo v. Daily News (Appellate Division of the Supreme Court of New York 2013)
- VIP Pet Grooming Studio, Inc. v. Sproule (Appellate Division of the Supreme Court of New York 2024)
- Phipps v. Northern Rivers (District Court, N.D. New York 2022)
- Udell v. NYP Holdings, Inc. (Appellate Division of the Supreme Court of New York 2019)
- Gottlieb v. Wynne (Appellate Division of the Supreme Court of New York 2018)
- Brummel v. Board of Trustees of the Vil. of E. Hills, N.Y. (Appellate Division of the Supreme Court of New York 2017)
- Pall v. Roosevelt Union Free School District (Appellate Division of the Supreme Court of New York 2016)
- Holliswood Owners Corp. v. Rivera (Appellate Division of the Supreme Court of New York 2016)
- Rosner v. Amazon.com (Appellate Division of the Supreme Court of New York 2015)
- Kamchi v. Weissman (Appellate Division of the Supreme Court of New York 2014)
- Fine v. ESPN, Inc. (District Court, N.D. New York 2014)
- Lihong Dong v. Ming Hai (Appellate Division of the Supreme Court of New York 2013)
- Lihong Dong v. Ming Hai (Appellate Division of the Supreme Court of New York 2013)
- Konig v. CSC Holdings, LLC (Appellate Division of the Supreme Court of New York 2013)
- Konig v. CSC Holdings, LLC (Appellate Division of the Supreme Court of New York 2013)
- Konig v. Word-Press.com (Appellate Division of the Supreme Court of New York 2013)
- Konig v. Word-Press.com (Appellate Division of the Supreme Court of New York 2013)
- Yong Ki Hong v. KBS America, Inc. (District Court, E.D. New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff commenced this action, inter alia, to recover damages for defamation based upon certain written and oral statements allegedly made about him by the defendant at town board meetings and in a local newspaper. The Supreme Court granted the defendant’s motion, inter alia, pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint. The plaintiff appeals, and we affirm.
In determining whether a complaint states a cause of action to recover damages for defamation, the dispositive inquiry is whether a reasonable listener or reader could have concluded that the statements were conveying facts about the plaintiff (see Gross v New York Times Co., 82 NY2d 146, 152 [1993]; 600 W. 115th St. Corp. v Von Gutfeld, 80 NY2d 130, 139 [1992], cert denied 508 US 910 [1993]; Liere v Paini, 93 AD3d 825, 826 [2012]). “Since falsity is a necessary element of a defamation cause of action and only ‘facts’ are capable of being proven false, ‘it follows that only statements alleging facts can properly be the subject of a defamation action’ ” (Gross v New York Times Co., 82 NY2d at 152-153, quoting 600 W. 115th St. Corp. v Von Gutfeld, 80 NY2d at 139).
Here, certain of the defendant’s statements, which were alleg
Moreover, the documentary evidence submitted by the defendant demonstrated that the defendant’s statements that hazardous or toxic substances were located on the plaintiff’s property were substantially true. “Truth is an absolute defense to an action based on defamation” (Heins v Board of Trustees of Inc. Vil. of Greenport, 237 AD2d 570, 571 [1997]; see Kamalian v Reader's Digest Assn., Inc., 29 AD3d 527, 528 [2006]). Thus, the documentary evidence submitted by the defendant conclusively establishes a defense to the claim as a matter of law (see Goshen v Mutual Life Ins: Co. of N.Y., 98 NY2d 314, 326 [2002]).
The plaintiffs remaining contentions are without merit.
Accordingly, the Supreme Court properly granted the defendant’s motion, inter alia, pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint. Rivera, J.P, Florio, Eng and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.