New York Statutes
§ 78 — Mitigating circumstances in action for libel or slander
New York § 78
This text of New York § 78 (Mitigating circumstances in action for libel or slander) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.Y. Civil Rights § 78 (2026).
Text
§ 78. Mitigating circumstances in action for libel or slander. In an\naction for libel or slander the defendant may prove mitigating\ncircumstances, including the sources of his information and the grounds\nfor his belief, whether or not he has pleaded or attempted to prove any\ndefense. A defendant in default for want of an answer may prove such\nmitigating circumstances upon a reference or inquiry to ascertain the\namount of the plaintiff's damages. Matter tending only to mitigate or\nreduce damages is a partial defense and may be set forth in the answer.\n
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Related
Gatz v. Otis Ford, Inc.
274 A.D.2d 449 (Appellate Division of the Supreme Court of New York, 2000)
Epstein v. Ruditz
153 A.D.2d 836 (Appellate Division of the Supreme Court of New York, 1989)
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Bluebook (online)
New York § 78, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/CVR/78.