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I'm from NY being sued in Ohio for defamation.

Bronx, NY |

I have a TOP on the ohio resident pending a permanent one in both criminal and family court. I was threatened that if I didn't drop the petitions- they would sue me for defamation. I reported tips to the TSA for information from a third party that he had access to loads of guns and various ammunition, and that he may be carrying a gun. I was told by a third party that he was coming to kill me in NY- and this was also after I received a threatening email stating there was a contract out on my life. In my opinion he is abusing the legal process to attempt to have me drop the case to protect myself by a order of protection. They are also suing for $50,000 baseless?Does this sound like they have a valid case? I think I just need to provide answer and motion to dismiss. I need legal help for th

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Attorney answers 4

Best Answer
Posted

You'll need an attorney in Ohio, not New York - one in the county in which the suit was filed - and a motion to dismiss is the appropriate response.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Posted

Generally, reports made to law enforcement and statements made in court are immune from defemation suits.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Posted

I agree with my colleague. If you have a contact with the agency you reported the claim to you should inform them of these threats.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Asker

Posted

I believe if I contact anybody in Ohio- that proves *contacts* and thus juridiction

Posted

If you can document the death threats, you should also consider presenting them to the Police Agency located in the same community as the Ohio resident, to see if they will pursue charges of criminal harassment and any other Ohio criminal statute that may have been violated.

Asker

Posted

I believe if I contact anybody in Ohio- that proves *contacts* and thus jurisdiction in Ohio...

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

contacting the police in Ohio, or an attorney in Ohio to respond to and address the conduct of the other party would not be the type of "contact" that would be considered so as to give In Personam jurisdiction over you in a lawsuit brought by the other person. Obviously, if you bring legal action against the other party in the Ohio court, you are voluntarily subjecting yourself to the jurisdiction of that court. On the other hand, depending on the details of the various conduct you are complaining about of the Ohio person, the NY Court may or may not accept jurisdiction over the Ohio person.

Asker

Posted

The ohio resident brought action against me (ny resident) in the ohio courts.

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