By Ti-Hua Chang
New York State’s Appellate Court, the state’s second-highest court, has backed an appeal by former City Comptroller Scott Stringer to essentially reopen his defamation case against Jean Kim, who accused Stringer of sexually assaulting her in 2001 when she volunteered for him.
Her 2021 accusation helped derail Stringer’s run for Mayor of New York City.
The appellate court on April 25th unanimously overruled a lower court’s dismissal of Stringer’s lawsuit against Jean Kim.
The Appellate court wrote that it, “ …unanimously reversed, on the law, without costs, the motion denied, and the matter remanded for a determination of the branch of defendant’s motion seeking dismissal…”
A lower court judge had ruled that Stringer’s lawsuit was filed after the statute of limitations had passed. The appeals court agreed, but ruled that a New York Post article published August 20, 2022, 17 days after a campaign event where then Congresswoman Carolyn Maloney mentioned Stringer’s alleged assault, was a republication of allegations and that it must be considered if Jean Kim had a role in the Maloney comments.
“Here, the pleadings as to the proximity in time between the August 3, 2022
Maloney campaign event where defendant was present, and the subsequent August 20,
2022 New York Post article quoting Maloney, raises an issue of fact as to whether
defendant had a role in or authorized the decision to make the allegedly defamatory
comments.”
JEAN KIM DEVASTATED
With this reversal Scott Stringer can reargue his case against Jean Kim forcing her back to court and the resulting legal fees. She wrote AsAmNews that she was devastated. “I’m numb. Disappointed. (The) Justice system has failed survivors and the me-too movement yet again.”
STRINGER LAWYER: “WE LOOK FORWARD TO MOVING AHEAD WITH OUR CASE”
AsAmNews reached Scott Stringer by text. He deferred comment to the public relations firm, Risa Heller Communications, which responded with a statement from Stringer’s attorney, Milton Williams.
“We have maintained from the very beginning that these accusations against Mr. Stringer were lies. This ruling makes it clear that the Court believes Mr. Stringer should have an opportunity to litigate his claims. We look forward to moving ahead with our case, and establishing in a court of law what we have been saying from the start: the defamatory accusations against Mr. Stringer are politically motivated falsehoods.”
JEAN KIM’S LAWYER: “IT’S A SAD DAY FOR WOMEN..”
Jean Kim’s attorney, Patricia Pastor, responded to AsAmNews request for a statement with this:
“It’s a sad day for women and the justice system. Our position is that Plaintiff (Stringer) presented no facts indicating that Ms. Kim was controlled or participated in any statement made by (then) Congresswoman Maloney. It’s an absurd contention, and we are obviously disappointed that the court is allowing Stringer to continue these antics against Ms. Kim. However in the end we fully expect that justice will prevail and this frivolous action will be dismissed.”
FROM KIM’S AFFIDAVIT
In her affidavit responding to Stringer’s original defamation lawsuit against her, Kim alleged Stringer, “…while riding in a cab, he rested his hand on my knee. I was wearing a skirt, and he slid his hand up my bare leg slightly and pulled it toward him, … afraid to confront him. I didn’t want to lose my position on the campaign, and I felt he could hurt my career and my future.”
“One evening, after a rally, the campaign team went to a bar on the West side… I noticed everyone else from our group had left. Stringer suddenly leaned forward and kissed me on the mouth. I tensed up. He then kissed me again using his tongue, and I felt his cold hand reaching down the back of my pants. His hand touched my skin beneath my underwear. I was stunned and I pulled away. I just said we had to get an early start the next day, hoping it would divert his attention. He then said, “don’t tell anyone about this,” and left the bar.”…The next time we spoke one-to-one, he mentioned that he could help me become “the first Asian District Leader.”
STRINGER DENIAL AND LAWSUIT
Stringer denied Kim’s accusations claiming they had a consensual relationship and in December of 2022 he filed a defamation lawsuit against Kim. Kim believes Stringer may be trying to silence her by forcing her back into court so that he can run for Mayor again. Stringer has begun the process to run for Mayor.
Kim, who works for non-profits and manages a stand-up comedy club, says she “cannot afford to keep going to court. “
In her past exclusive interview with AsAmNews Kim said, “I talked to other women, sexual assault survivors, and they said that when you’re mired in a lawsuit … it just extends the abuse …”
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