QUESTION
ex used nys police by creating false police reports on mid 2018 sexual abuse and mid 2019 found via foil req. late 2020 what are my legal options?
Asked on Mar 01st, 2021 on Civil Litigation - New York
More details to this question:
went through a divorce finalized in the end of 2020 were I found out about false police reports and the exstent of the slander I was accused of with the school childrens doctors and their school along with the police and multiple false reports of physical abuse in the court case that she had accused me of to streghen her custody case. I didn't want my children exposed to the court due to their age so I settled when the judge told me he wouldn't grant me more time with the children due to the false allegations so I don't get my children 50/50 which is what I fought for. Hoping that I may be able to sue for defemation of character as all cps and police investigations were unfounded. thank you.
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
Sorry to hear what happened to you. Unfortunately, the statute of limitations in New York for defamation is only one (1) year which likely means your time in which to bring a lawsuit has expired (especially if the reports in question were made in 2018 / 2019). Additionally, statements made in the course of judicial proceedings are generally entitled to qualified privilege and therefore not actionable. Here's an article I found online which you might find helpful, https://www.findlaw.com/injury/torts-and-personal-injuries/defenses-to-libel-and-slander.html
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
http://kdrpilawyers.com/
Answered on Mar 08th, 2021 at 6:51 AM