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Davis v. Boeheim

Court of Appeals of New York

22 N.E.3d 999 (N.Y. 2015)

Relevant factsFree

After media reports accused assistant coach Fine of molesting Davis and his stepbrother (plaintiffs) over two decades, head coach Boeheim (defendant) publicly stated that a university internal investigation found the accusers had lied and were seeking financial gain, and separately denied and disputed specific factual claims the accusers made; these statements were widely reported in news articles. The accusers sued for defamation; the trial court and appellate division dismissed the suit as based on nonactionable opinion, and the Court of Appeals granted review.

IssueFree

Whether a cause of action for defamation is actionable if the action is based upon the pure opinion of the tortfeasor.

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