Michael J. POSpis, Esq.

PLLC The Woolworth Building

233 Broadway, Suite 2320

New York, NY 10279

Tel: (212) 227-2100l Fax: (646) 304-6365


 

June 10, 2015

31? Mail and Email

Casey Cummings. Esq.
Kenner Cummings PLLC
175 sw 7?h Street. Suite 2410
Miami. FL 33130
Casey@Kennercummings.com

Re: Defamation 101
Dear Mr. Cummings:

I received your cease-and-desist letter dated May 30, 2015 pertaining to a blog post
on my website dated .lune 3, 2014. In your letter you ask me under threat oflitigation to ?simply
and kindly remove? the post from my website. My answer is no. While my initial impulse was to
ignore your ridiculous letter. I decided to respond for the purpose ofeducating you on the law and
dissuading you from again memorializing such nonsense in writing, further diminishing your
credibility, and wasting others? time.

Initially, your threat to sue me in New York rings hollow, since a libel action based
on a blog post published on June 3. 2014 is time?barred by New York?s one?year statute of
limitations for such claims. NY CPLR 215(3); see also a calendar. Even if such a claim were not
time?barred, it would fail on the merits. See, Rako?ky v. I'Vashr'ngi?on Post, 971 74
(Sup. Ct. 2013); NY. Civil Rights Law 74: US. Const. Amend. I. In that vein, I note that you
fail to identify even a single false statement of fact in the post that you have falsely and
irresponsibly characterized as As such. any defamation action commenced in New
York would be patently frivolous and subject the plaintiffand/or its attorney to sanctions, including
attorney?s fees. See NY CPLR 8303?a; 22 130?l.1.

In sum, neither the courts nor the Internet are kind to bullies who attempt to misuse
defamation law as a bludgeon to censor protected expression. Tread carefully.

Yours, etc.

POSPIS LAW, PLLC

Michael J. Pospis. Esq.