Wednesday, October 10, 2018

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Caviglia lawsuit tossed

POUGHKEEPSIE – Dutchess County Democratic Elections Commissioner Marco Caviglia's lawsuit against a former employee along with the chairwoman of the county's Democratic Committee has been dismissed.

Caviglia, the plaintiff, sued Jasmin Vazquez, a former employee of his at the Dutchess County Board of Elections and Elisa Sumner the county's Democratic Committee chairwoman, claiming they had defamed and slandered him by telling committee members that he was a "misogynistic bully." 

At the time, Caviglia was seeking the committee's re-appointment to his position as commissioner. He alleged that the actions of the defendants would jeopardize his position as commissioner resulting in lost wages, benefits and other damages.  He sought over $2.1 million in damages.  Caviglia recently lost his re-election bid and will be replaced as commissioner as of January 1, 2019.

The defendants, through their attorney Michael Treybich of Poughkeepsie, sought to have the case dismissed because Caviglia's allegations did not meet the threshold for libel or slander because his clients were merely offering their opinions. 

Acting Justice of the Dutchess County Supreme Court James Pagones agreed with the Treybich's arguments and dismissed the case on October 5.

Of the decision, Treybich said his clients “are happy that the court confirmed what we've known all along, that allegedly calling Marco Caviglia a bully or misogynist is a protected opinion." 

Caviglia did not respond to requests for comment.
 

 


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