Legal Question in Civil Litigation in New York

Re: libel

It's only libel if the author sent the letter to a third party, so if A tells C that B is mentally ill. It's generally not libel if A tells B that he thinks B is mentally ill.

Also, there are several cases stating it is not libel for a lay person (non expert) to say someone is "crazy" or even "mentally ill." Those words are generally considered to be a statement of opinion, not fact. And people are generally free to give their opinions . . . as long as they are clearly that.

I suggest the conduct is more appropriately dealt with in a criminal court as a harassment complaint. The local police department will fill out a criminal information form for you. People generally are not allowed to write harassing letters, or to threaten other people or their children.

Re: libel

Defamation exists when the defamatory material is published. It must be the defendant who publishes it, not you. It must also be defamatory within the meaning of the law.

RRG