Cuomo SLAPP or Sexual Harassment Defamation

False Allegations and untrue claims can result in False Arrest, Malicious Prosecution and Defamation claims - no one, no where is immune - and, for those with valid sued in defamation, there are new laws that protect victims of Strategic Litigation Against Public Participation or SLAPP lawsuits in New York.

New York Defamation

Recently, the New York Law Journal published an article stating that former governor Andrew "Cuomo Intends to File Defamation Claim Against Sexual Harassment Accuser." According to Cuomo, that was a false claim. If Cuomo is correct, he most certainly could file a number of litigations concerning the damages resulting, the ramifications of that false statement.

The New York Law Journal States that "A former health policy aide who accused the ex-governor of sexual harassment has ended her federal case," against Andrew Cuomo but is that the end of this? No, "lawyers for Andrew Cuomo have filed notice of a defamation claim..." that the accuser's attorneys "said such a case would have no merit."

SLAPP or Not?

An Anti-SLAPP Motion for Summary Judgment in New York Courts was specifically approved pre-discovery and pre-answer. Southampton Day Camp Realty, LLC v Gormon, 118 AD3d 976, 977 (2d Dept 2014); Reus v Etc Hous. Corp., Misc 3d , 2021 NY Slip Op 21130, *2 (2021) (NYSCEF Doc. No. 104-105). CPLR 3212(h) motions for affirmative relief would allow Andrew Cuomo's accuser to file this action and, pursuant to the New York Civil Rights Law, seek SLAPP Attorney's Fees and Costs for having to defend a "SLAPP" Suit.

The New York Law Journal Reported the Defendants' attorney, Debra S. Katz, stating that “There is a long history of using defamation lawsuits to silence and punish accusers of sexual harassment [and It is shameful that Mr. Cuomo has apparently now chosen to go down that path.”

Further, "the Department of Justice has said that Cuomo, who resigned in 2021, sexually harassed 13 women during his eight-year run as governor. Cuomo has denied the allegations and dismissed the federal report as biased and predetermined." Indeed, no less than five district attorneys refused to bring Sexual Harassment or Criminal cases forward against Andrew Cuomo.

Defamation for False Sexual Harassment Claims?

According to the New York Law Journal, Andrew Cuomo "will ask a Manhattan trial court to award him damages for harm and losses he incurred as a result of alleged false statements Bennett and her representative made Dec. 9 on X, which maintain that Cuomo sexually harassed her." Such a false accusation surely is actionable as an intentional tort if it is false. Truth is an absolute defense.

Andrew Cuomo's "lawyers say the social media statement, which generated more than 90,000 views, was headlined [and] was intended to be and was widely disseminated and which was made in the wake of Bennett and her agents’ numerous prior public accusations against Governor Cuomo—was false and defamatory, and Bennett made it knowing full well that it was false and intending to cause harm to Governor Cuomo.”

Falsely Accused or Falsely Sued

The first step in any Sexual Harassment Claim is to serve (and file if possible) a Litigation Hold Notice: When were the statements said and preserve the medium (e.g. the phone, device, publication) of which the false accusation was made. A Litigation Hold Notice does just as it says: it preserves the evidence in the case that the false Sexual Harassment accuser (or the Sexual Harassment Perpetrator) decides to destroy or alter evidence.

The second setp is a realistic evaluation of the merits of litigation. Whether in Andrew Cuomo's Sexual Harassment litigation or any other false claim litigation, a SLAPP evaluation needs to follow as to whether a lawsuit will be considered a SLAPP suit, what are the damages, and if a New York Defamation lawsuit will be considered as one to silence otherwise true (or perceived to be true) allegations or not.

Anti-SLAPP Litigation

While defamation or slander may be the gut-shot response, it may also subject the litigant who files a SLAPP Suit to costs and reasonable attorney's fees under New York (and other states) Civil Rights Laws.

Cory H. Morris, Esq. New York and Florida, False Allegations, Injury, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)

Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of a SLAPP litigation, Defamation or Civil Rights, criminal matter or appellate matter.