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posted to Litigation Attorneys on 10/21/08 01:28 PM, White Plains, NY 10607

What recourse do I have against someone who regularly slanders me in a very unpleasant way. He talks in front of employees of my business and his, and offers his unpleasant commentaries unprovoked. I am nothing but nice to him, and try to limit contact as much as possible.

Can I sue for defamation? Would I get anywhere if I pursued a legal course of action?

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Answered By

Clark, Gagliardi, & Miller P.C., 10/24/08 11:28 AM

Clark, Gagliardi, & Miller P.C.
99 Court St
STE 1
White Plains, NY 10601
914-946-8900
jrand@cgmlaw.com

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The law protects a person’s reputation. You can sue for defamation if someone falsely accuses you of something bad. However, even though you may have the right to sue, the decision of whether or not to file a lawsuit should be made carefully. That's because by filing the lawsuit, you are highlighting what the other person said, which may lead to more people hearing it then if it had just been ignored. Unfortunately, people hearing about the lawsuit may believe the statement to be true even though it is false. So there are some risks to suing.

Second, the other persons “unpleasant commentaries” may not be defamation at all. You can sue someone who says a false fact, for example, “ Joe was arrested for stealing”, when Joe wasn't arrested for stealing. But you can't sue for defamation when the person is just stating opinion, like "I think Joe is untrustworthy". So it depends on the exact words used by this person.

Our firm has litigated defamation cases, both big and small. If you would like to pursue this matter, please contact me, John Rand, at (914) 946-8900 (www.cgmlaw.com) at your convenience. Please note that the statute of limitations for defamation in New York State is one year from the date the statement was made. Please also note that we are not your attorneys until we have met with you and agreed to take the case.

John Rand

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