Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
In an action for libel or slander the defendant may prove mitigating circumstances, including the sources of his information and the grounds for his belief, whether or not he has pleaded or attempted to prove any defense. ?A defendant in default for want of an answer may prove such mitigating circumstances upon a reference or inquiry to ascertain the amount of the plaintiff's damages. ?Matter tending only to mitigate or reduce damages is a partial defense and may be set forth in the answer.
Cite this article: FindLaw.com - New York Consolidated Laws, Civil Rights Law - CVR § 78. Mitigating circumstances in action for libel or slander - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-rights-law/cvr-sect-78.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.