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Richard
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Experience:  Attorney with 29 years of experience.
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Can you sue in NEW YORK STATE for libel, slander or defamation

Resolved Question:

Can you sue in NEW YORK STATE for libel, slander or defamation in a Town or Village small claims court? Is NY one of the states that does not allow these case in small claims courts like Connecticut?
Submitted: 5 years ago.
Category: Legal
Expert:  Richard replied 5 years ago.

Hi there... Let me see if I can help here....

 

Basically, in the State of New York the small claims court is a simple, inexpensive and informal court where an individual can sue for money only, up to $5,000, without a lawyer. Claims for more than $5,000 may not be brought in a small claims court; they must be brought in another part of the court or in a different court. Since the small claims court hears suits for money only, you cannot sue in small claims court to force a person or business to fix a damaged item or to make a person or business fulfill a promise made in an dvertisement, and you cannot sue for pain and suffering.

 

Therefore, if you are suing to collect monetary damages under $5,000, you can file a suit for libel, slander or defamation. If you are suing for some kind of retraction or other non-monetary recovery, small claims court would not be the forum for you.

 

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 5 years ago.

He is my problem with accepting your answer:

 

Some states specifically prohibit libel, slander or defamation claims in small claims courts, such as Connecticut.

 

I have not found anything specific in this regard in New York. Yet, a Town court refused to accept a slander case on the grounds that it is "not listed."

 

I was hoping for and I did ask for a specific answer applicable to New York.

 

CAN YOU THEREFORE ANSWER SPECIFICALLY AS REQUESTED AND NOT JUST IN GENERAL?

 

Thank you.

Expert:  Richard replied 5 years ago.

There is nothing in the small claims courts rules and regulations that specifically prohibit claims for slander. Rather, the New York rules are drafted in the opposite more general manner...to allow all claims for money under $5,000. To further indicate that you could pursue such a suit in NY small claims court is that fact that there are slander, libel and defamation cases on record that have been decided in small claims court. I hope this answers your question. Most important, I want you to feel as if your question has been answered satisfactorily, If you feel that has not, been answered to your satisfaction, just reply and let me know....I will opt out and let another lawyer have the opportunity. In any event, I appreciate your allowing me the opportunity to serve you.

 

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 45704
Experience: Attorney with 29 years of experience.
Richard and 16 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Excellent. This coincides with what I found.

 

If it is not too much trouble, can you identify some of the New York slander, libel and defamation small claim cases on the record?

 

Thnak you.

Expert:  Richard replied 5 years ago.
Let me do a bit of research and I will send you a follow up answer with the cases. I will be back with you shortly.
Expert:  Richard replied 5 years ago.
Hi there. In researching this, I find that I do not have the necessary subscriptions to properly search for these cases in NY. I apologize for this inconvenience. Although I think I did answer your direct question, if you at all feel the case list was a critical portion of the answer that you needed, then let me know and I will gladly hit the necessary button to refund the fee you paid. Just let me know and have a great evening.

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