DiGennaro and Fyman Victorious in Dismissal of Defamation Lawsuit

December 6, 2016 | Professional Liability

Janice DiGennaro and Avigael Fyman prevailed on their motion to dismiss a lawsuit alleging claims of defamation, injurious falsehood, and prima facie tort against their client, a home inspector, who inadvertently got caught in the cross-hairs of an ugly divorce.  While the Plaintiff, himself an attorney, claimed that he had been severely damaged as a result of the defendant’s oral and written statements, which were critical of the Plaintiff’s conduct in the course of a home inspection, the Court concluded that the statements at issue were not per se defamatory and that the Plaintiff had failed to adequately plead the existence of special damages, and dismissed the action without further leave to replead.

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