Jacobus v Trump, 2017 NY Slip Op 08625 (1st Dept. 2017)
“The challenged statements made orally and by Twitter by defendants were nonactionable (see Silsdorf v Levine , 59 NY2d 8 [1983], cert denied 464 US 831 [1983]).
Whether alleged statements are susceptible of a defamatory meaning imputed to them is, in the first instance, a question of law for the courts to decide (see Aronson v Wiersma , 65 NY2d 592, 593 [1985]; Silsdorf , 52 NY2d at 13). The alleged defamatory statements are too vague, subjective, and lacking in precise meaning (i.e., unable to be proven true or false) to be actionable. The immediate context in which the statements were made would signal to the reasonable reader or listener that they were opinion and not fact (see generally Gross v New York Times Co. , 82 NY2d 146 [1993]).”
Those liberal First Department Justices gave Trump a pass. Who could’ve though (sarcasm intended)
