SCHENECTADY COUNTY Judge dismisses defamation lawsuit GOP claiming victory for free speech BY JUSTIN MASON Gazette Reporter
County Republicans are claiming a victory for free speech after a state Supreme Court judge dismissed a 2006 defamation suit fi led by the Mallozzi family against a pair of GOP candidates who used their name in campaign literature. Judge Vincent Reilly Jr. ordered the case against county Legislator Joe Suhrada and former Legislature candidate William Sherman dismissed after Robert and John Mallozzi failed to show the two running mates used “defamatory statements” against the brothers in campaign literature. In his summary judgment, Reilly also ruled Suhrada and Sherman are entitled to collect attorneys’ fees from the Mallozzis in an amount to be determined at a later date. Reilly indicated the statements made in the Republican campaign literature were largely supported by underlying facts. Even questionable parts of the statements are protected under established case law governing speech during political campaigns, Reilly stated in his ruling filed on Nov. 25. “With regards to [the Mallozzis’] claim that the use of the terms ‘corruption,’ ‘backroom deals,’ and ‘defrauded’ to describe [their] receipt of governmental benefits is defamatory, it is well settled that statements made during the course of a political campaign are accorded qualified privilege,” Reilly’s ruling states. “Thus even if the statements are defamatory [Suhrada and Sherman] are nonetheless protected from liability unless [the Mallozis] establish by clear and convincing evidence either constitutional malice … or common law malice.” Suhrada said he and Sherman had accrued roughly $80,000 worth of legal fees. Reilly’s ..............................................http://www.dailygazette.net/De.....amp;EntityId=Ar01600
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December 4, 2008, 7:27am
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The recovery of legal fees must be a huge relief. It's too bad that Reilly didn't award damages to Suhrada and Sherman for time and damage to their excellent reputation / good name.
Congratulations - a well defended battle - chalk one up for the good guys.
Imagine that it was buried on page B-4 where the typical Schenectady County reader wouldn't even think to look for it. When was the last time a story like that about Rotterdam was on B-4 of the local edition? Oh well there is a lot people could say but the part I find most amusing is the part that the judge found that the statements made were were largely supported by underlying facts. Gotta love that when someone goes out on a limb and is opposed by the richest and most powerful family in town, tells the truth and stands up to their sucking up on the public money, they get sued. Good thing they stood up for themselves and didn't run like scared babies the way the Mallozzis must of thought they would. At least there are SOME people who stand up to these people.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
When I got to work, I glanced through the gazette and was surprised to see this article buried. I'm sure it would have gottenmore press if the outcome went the other way. Congrats to Suhrada and Sherman!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
I didn't get a chance to check out my friend's Saratoga edition of the Gazette today, meaning this is the first time that I've seen this.
Congratulations to Suhrada and Sherman for a tough fight and coming through in the end.
I bet this is why you're starting to see advertisements from Uncle Sam's. For anyone that doesn't know, County Legislator Joe Suhrada is the owner of Uncle Sam's and has been for a few years now (I don't remember exactly when he bought the business).
I bet this is why you're starting to see advertisements from Uncle Sam's. For anyone that doesn't know, County Legislator Joe Suhrada is the owner of Uncle Sam's and has been for a few years now (I don't remember exactly when he bought the business).
Here is the main point: "The judge agreed with Grygiel that the suit was a Strategic Lawsuit Against Public Participation, or SLAPP, with the goal of burdening defendants with legal costs to stifle their free speech."
Sounds like they wanted to make Suhrada and Sherman go bankrupt to get revenge for losing, or maybe even quiet Suhrada down so he doesn't speak out anymore. They might figure they could do that to all of us if they were successful in that case. Worse yet, we could wind up speaking at privlidge of the floor at town hall and then be sued by Galesi or Walmart or whoever we were there to complain about, and just getting the case dismissed would be enough to destroy our financial future, all the while a fat cat like Mallozi has tons of cash to pay lawyers and sit back and smoke cigars with Chris Gardner! That is why this was so important to people who speak out, whether you are a democrat or republican or neither.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
I wonder if the plaintiffs will be reimbursed for their legal expenses and those of the Suhrada & Sherman by the Schenectady County Democratic Committee or by Schenectady County taxpayers via the actions of the government representatives who are presently in the majority.
Right from the beginning, I thought it was over-kill for the Mallozzi's action. My advice to the Mallozzi's, who have deservingly successful businesses, to stay out of politics. Someone needs to remind the Mallozzi's that this wasn't a 'bake-off'.....it's 'politics' Everyone knows the old quote, "If you can't stand the heat........"
And let's face it, politics is a nasty profession. You have to be blessed with very very very thick skin.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
I wonder if the plaintiffs will be reimbursed for their legal expenses and those of the Suhrada & Sherman by the Schenectady County Democratic Committee or by Schenectady County taxpayers via the actions of the government representatives who are presently in the majority.
No, I don't think they will have any legal expenses because they used a democrat hack lawyer from Savage's own town of Niskyauna from what I read. Interestingly enough they had a guy named Paul Briggs who is deputy town attorney for Democrat Niskyauna. I bet he worked pro bono to try to destroy Suhrada since Suhrada is the only person in the Republican party who takes on metroplex and all of those backroom deals. I wonder if now that they did this to Suhrada on behalf of the dems, Mallozzis get another tax free hand out from metroplex to add to the hundreds of thousands of free money we already paid for as taxpayers? I bet those Dems will want to reward them for doing this since all along people knew there was polictics behind it. Lets keep our eyes open and see what kinds of grants, pilots, free sewer hook ups and that these glommers are gonna' get now. Glom glom glom. Mooch mooch mooch. Pour out some more feed into that hog troff some they can eat (on us.)
For some people it is never enough. A helicopter landing pad and a BMW 7 series, Ferraris, dining with movie stars, but they still need the tax funds from me and you and people who live in High Bridge and Cold Brook. Our mansions are not quite the same as theirs , are they? and we don't challenge our taxes like they do either. Give us a break please Metroplex! STOP feeding the hogs!!!!
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
There were no plaintiff's legal expenses. This nonsense should have been laughed out of court years ago. It was a failed attempt to shutup the best Conservative County Legislator, Joe Suhrada. He has been an unwavering supporter of the taxpayer and against this huge flop and taxpayer ripoff, the Socialistic Metrograft experiment.
Now the chickens have come home to roost; County sales tax revenues falling, Van Dyke busts, Parisi's Steakhouse closes permanently Nov 1st, Veg eatery on Jay Street goes Chapter 7 stiffing the County twice, Big Hose still has not opened, Robinson Square another hole in State Street, Silver Diner held up with wood supports near collapse, State below Erie another neutron bomb site.
1 Does any one of you, when he has a case against his neighbor, dare to go to law before the unrighteous and not before the saints? 2 Or do you not know that the saints will judge the world? If the world is judged by you, are you not competent to constitute the smallest law courts? 3 Do you not know that we will judge angels? How much more matters of this life? 4 So if you have law courts dealing with matters of this life, do you appoint them as judges who are of no account in the church? 5 I say this to your shame. Is it so, that there is not among you one wise man who will be able to decide between his brethren, 6 but brother goes to law with brother, and that before unbelievers? 7 Actually, then, it is already a defeat for you, that you have lawsuits with one another. Why not rather be wronged? Why not rather be defrauded? 8 On the contrary, you yourselves wrong and defraud. You do this even to your brethren.
This might help the NYS economy too.......if only the leaders would set the example......oh,,,,my mistake they did.......and here we are......
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Funny that when we think about it, Mr. Suhrada was willing to pay tens of thousands of dollars in legal fees, to save and protect the taxpayer's money. He is the only one who speaks out against the never ending spending and tax increases by the now majority. He is the only voice we, the taxpayers have. I agree with the judge's decision.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
You have summed the whole thing up. I read the other forum and there are a few people there still attacking Suhrada and the decision and they don't realize that the shoe could be on the other foot and it could be THEM getting sued for posting on the blog or speaking out down at the town hall over a new business moving in, or an existing enterprise that is infringing on the quality of life, or a company getting a huge IDA grant or tax break. They could be sent to bankruptcy court and see their life saving and home swept out from under them by rich and powerful entities who care nothing about you or me, JUST because they had the audacity to question something in the public forum. I can't see anyone, of any political stripe thinking that that would be a good thing, no matter who we are talking about- Suhrada, or a Democrat like Godloseski. Godloseski may have a stupid and hypocritical message but he too has the right to say what he wants, even if it is one sided and ridiculous. This is America, not Nazi Germany or Russia.
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
If you're in it then----SUCK IT UP!!.....you chose it, you know what it will be like......PLEEEEASE......It's all....I have a lawyer, you have a lawyer, we all have a lawyer, let's sue.......sounds like those nursery rhymes from England.....kind of like London Bridge is Falling Down......anyone know what that refers too???
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
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Oh well there is a lot people could say but the part I find most amusing is the part that the judge found that the statements made were were largely supported by underlying facts. Gotta love that when someone goes out on a limb and is opposed by the richest and most powerful family in town, tells the truth and stands up to their sucking up on the public money, they get sued. Good thing they stood up for themselves and didn't run like scared babies the way the Mallozzis must of thought they would. At least there are SOME people who stand up to these people. 
There were no plaintiff's legal expenses. This nonsense should have been laughed out of court years ago. It was a failed attempt to shutup the best Conservative County Legislator, Joe Suhrada. He has been an unwavering supporter of the taxpayer and against this huge flop and taxpayer ripoff, the Socialistic Metrograft experiment.
