Defamation and Mutual Mistake: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Golan v. Daily News," where an article about the plaintiff's deceptive real estate practices did not constitute defamation, and "Williams v. Sowle," where the complaint was dismissed for failure to establish the mistake in conveyance was mutual.
December 06, 2022 at 01:45 PM
19 minute read
Defamation—Real Estate Investor's Action for Defamation Against Daily News Dismissed—Articles Allegedly Embodied False Statements and Implications Involving Alleged Criminal And Fraudulent Behavior—Alleged Intent To Destroy Investor's Reputation—Statements Were Privileged—NY. Civil Rights Law (CRL) §74—Fair Report of Judicial Proceedings—Plaintiff Failed To Meet Heightened Pleading Requirements of Anti‑SLAPP Statute—Articles Were Either Privileged, Substantially True or Were Nonactionable Opinion and\or Rhetorical or Hyperbole—Headlines Were 'Fair Index of Truthful Matter Contained in Related News Article'—Defendants Awarded Legal Fees Pursuant to CRL §70-a (1) (a)
This decision involved a defamation action brought against the Daily News, L.P. (Daily News) and the author of an article contained therein. The defendants moved to dismiss the complaint pursuant to CPLR 3211(a) (1), (7) and (g)(1) and for sanctions and\or costs pursuant to CPLR §8303-a and 22 NYCRR §130-1.1.
The plaintiff real estate investor commenced the subject action after he was named in "online and print articles of the Daily News (articles)." The online version was entitled "Brooklyn Developer Accused of Swindling Vulnerable Homeowners." The front-page print version of the article headline was "B'KLYN LAND SHARK! Real estate baron ripped by families and courts, subject to several suits." The print article included plaintiff's photograph, which he characterized as "retouched, to give him a 'sinister appearance'." The article continued inside the newspaper with a headline that stated, "OWNERS BEWARE OF THIS BUYER," with a sub-headline "Slam real- estate mogul as wolf preying on sellers in newly upscale B'klyn nabes…." The article reported that the plaintiff had been involved in several purchases of real property which had later been the subject of litigation.
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