New York law: Harris v. Allstate

David A. Szwak

New York law: Harris v. Allstate

Postby David A. Szwak » Tue Jan 17, 2006 11:01 pm

Plaintiff claims that defendant defamed him by collecting and disseminating *434 inaccurate and false information about his insurance history. (Complt.¶¶ 61-62.) The elements of a claim for defamation are: (1) a false statement; (2) published without privilege or authorization to a third party; (3) constituting fault as judged by, at least, a negligence standard: (4) causing special harm (unless the statement was defamatory per se). Dillon v. City of New York, 261 A.D.2d 34, 704 N.Y.S.2d 1, 4 (1999). Truth is a complete defense to a defamation claim. Id. at 5.

Harris v. Allstate Ins. Co.
83 F.Supp.2d 423
S.D.N.Y.,2000.
Feb 16, 2000

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