Panel Turns Away Counterclaim by Napoli in Sex Bias Suit
A state appeals court on Tuesday shut down Paul Napoli's bid to pursue defamation and defamation per se counterclaims against Denise Rubin, a former employee who is pursuing a $1 million sex discrimination lawsuit against the ex-firm and Napoli himself.
June 20, 2017 at 06:04 PM
4 minute read
A state appeals court on Tuesday shut down Paul Napoli's bid to pursue defamation and defamation per se counterclaims against Denise Rubin, a former employee who is pursuing a $1 million sex discrimination lawsuit against the ex-firm and Napoli himself.
The Appellate Division, First Department, said in a terse decision that Napoli “fails to state with particularity the allegedly defamatory statements, and therefore his fourth and fifth counterclaims are defective as a matter of law.”
The panel found that words at issue in the counterclaims “consist largely of verbatim quotations from [Rubin's] complaint, and thus are 'absolutely privileged and cannot form the basis of a defamation action,'” citing Flomenhaft v. Finkelstein, 127 AD3d 634.
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