Legal Question in Civil Litigation in New York
Emotional stress and defamation of character
Can a case of defamation of character be held against a family member (cousin) accusing of a married business man having a affair with his secretary claiming that the child is his when the mother of that child claims it is not. This is how the situation is set. Roger, my father owns his own business, married and have four children to worry about. When a argument arises with his cousin Sharon and his secretary's' sister whom works at his office part time; Sharon is asked to leave his office and not to return. She then calls my mother and give false accusations that Roger is sleeping with the secretary, that the secretary's child is his and how she had an abortion with one of his child. This causing extreme emotional distress to both my mother and father as they had gotten into many heated arguments and may file for divorce Sharon has spread these awful rumors to family members as well as other business partners Roger has come into contact with. I know proving the child is not is may need blood tests and what-not but when that is all done and it is shown that he is NOT the farther of the child can there be a winning case against this woman? I mean.. The emotional stress she has put on my family household should n
1 Answer from Attorneys
Re: Emotional stress and defamation of character
She has accused your Father of unchaste character and that is actionable...IF NOT TRUE.
In NY, there is a one year statute of limitations on slander.