New York § 78 - 78Mitigating circumstances in action for libel or slander
Full text of New York New York Consolidated Laws § 78 — 78Mitigating circumstances in action for libel or slander, with citation guidance and answers to common questions.
§ 78. 78Mitigating circumstances in action for libel or slander
§ 78. Mitigating circumstances in action for libel or slander. 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.
Source: official New York text · Last verified 2026-08-27
Frequently Asked Questions About New York § 78
What does New York Consolidated Laws § 78 cover?
Section 78 ("78Mitigating circumstances in action for libel or slander") is part of the New York Consolidated Laws, the codified statutory law of New York. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New York § 78?
A common citation format is "New York Consolidated Laws § 78" (New York). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New York law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New York official source linked on this page or consult a licensed New York attorney.
How does New York § 78 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New York can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New York.