Legal Question in Civil Litigation in New York

False statements, 210.45 penal law

I have a professor that has made false allegations in a statement that she provided to the city police, the university police and now the judicial board at my school. These accusations could have led to my being dismissed from school, and at the very least have potentially damaged my reputation at school with other professors that I would have sought letters of recommendation from for grad school. And, she has caused me a great deal of stress over the whole summer.

Assuming that I can prove that she has lied throughout her statement, how much of that statement must be false in order for me to take some action against her? Can I take action against her? How would I initiate that action?

Thanks in advance for any help you can offer.


Asked on 8/21/05, 11:03 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: False statements, for defamation action

It is more effective and generally, since it is your right, easier, to bring a civil action for defamation, than a criminal proceeding which requires the District Attorney to prosecute.

I don't know enough about you situation to tell you much, but false statements that accuse of of a crime are known as slander per se if oral, libel per se if written. Money damages are recoverable if you win.

Are you a student? If you were an employee of the University, there is a qualified privelege for common interest statements that can be overcome by proving malice. That the professor

" knew or should have known that the statement was false."

If you respond please tell me what was said, whether you were a student or employee, and

the results.

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Answered on 8/23/05, 1:14 pm


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