Legal Question in Civil Rights Law in New York

Defamation of Character
I am a seller on ebay, I sold a cell phone for like $70. The buyer got it and I left positive feedback on his profile and then he left negative feedback on mine because he felt I charged too much. I got the phones when they first came out and about 2 weeks later it droped down to $40. He left a negative feedback stating that I overcharged him and the shipping way too slow. I then responded in my feedback tht the buyer is obviously mad because he bidded too high and took it out on me. Then he replied that ''she probably works in (major electronics retail store) and steals stuff.'' Now the store is correct that I work in so this seems to me as defamation of character. Can I sue him? Also feedback will not be taken off your record and it stays with you forever. This was obviously a false and unproffesional statement. The only problem I have is im in NY and hes in the state of MO. What can I do??

Asked on 10/23/07, 1:07 am

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Defamation of Character

This is probably not defamatory, because it is opinion;

"probably" means the rest of the statement is an estimate. Such speech is usually absolutely privileged under the constitution.

Answered on 10/23/07, 10:36 pm

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