The Clinic represents Rob Wingate, a resident of the village of Tarrytown, New York, in an appeal before New York’s Appellate Division, Second Department, which tests the efficacy of New York’s recently-amended “anti-SLAPP” law.  In the libel suit underlying this appeal, the owner of a local tow truck operation, John Stiloski, sued Wingate for libel and related causes of action, claiming $12 million in damages.  The suit challenges a series of communications Wingate made to local government officials, clergy, journalists, and others about matters of public interest including local politics, municipal contracts with companies such as Stiloski’s, and race relations.

Although the suit against Wingate falls squarely within the anti-SLAPP law’s ambit, the lower court failed to even give lip service to the law in denying Wingate’s motion to dismiss, much less apply the heightened standard the anti-SLAPP law imposes.  On appeal, the Clinic asks the Appellate Division to reverse the lower court on this basis and others, dismiss the case against Wingate, and award Wingate attorneys’ fees and costs.

The Clinic expects the Appellate Division to hear oral argument in this appeal in Fall 2024.

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