The case is Stringer v. Kim, decided Monday by N.Y. trial court judge Richard Latin; Scott Stringer is a former New York Assemblyman, New York City Comptroller, Manhattan Borough President, and prominent candidate for New York Mayor in 2021, and is apparently running for Mayor again.
Under New York's "anti-SLAPP statute," plaintiff had to show a "substantial basis" for his lawsuit in order for the case to go forward, and the court said that he did (though of course without deciding the facts):
Plaintiff has adequately plead a substantial basis for his claim of defamation. Plaintiff alleges that, on April 28, 2021, Defendant held a press conference in which she falsely accused plaintiff of sexually assaulting her 20 years earlier, while she worked for Plaintiff's campaign. Defendant also allegedly stated that Plaintiff groped her and put his hands down her pants without her consent. Plaintiff further alleges that Defendant repeated these accusations to the press and on social media throughout 2021 and that the accusations were repeated by Congresswoman Maloney in August 2022. These statements, if false, are defamatory per se.
Plaintiff has also adequately pled a substantial basis for actual malice. Plaintiff alleges Defendant engaged in a campaign to ruin his political career after he declined to give her a position in his campaign, and she went to work for his opponent. Plaintiff further alleges that, despite the alleged sexual assault having occurred 20 years earlier, Defendant first raised her allegations during Plaintiff's campaign for mayor, when Plaintiff was gaining momentum in his campaign and the allegations would be widely circulated[.] The defamatory statements were then repeated to the press by Congresswoman Maloney on August 20, 2022, shortly after Defendant attended a campaign event with Maloney, who was running against defendant's mentor.
