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WHEREFORE, plaintiffs request judgment against defendant Brewster for compensatory and punitive damages, together with counsel fees, costs of suit, and other relief as the court may deem proper.
NINTH COUNT (DEFAMATION)
| 1. | Plaintiffs repeat and reallege the allegations of the previous COUNTS as if same were set forth at length herein.2 |
| 2. | Patrick Nielsen-Hayden ("P. N-Hayden") is employed at TOR Books, 175 Fifth Avenue, New York, NY 10010. |
| 3. | At all times relevant to this lawsuit, P. N-Hayden has owned and operated and been responsible for the content of an internet website called "Making Light." |
| 4. | P. N-Hayden has published and continues to publish false and defamatory statements about plaintiffs Barbara Bauer and BBLA on Making Light, including, but not limited to, referring to plaintiff as "...a faux literary agent...," "...scam agent Barbara Bauer...," "... kooky..." "... that lunatic...", and questioning the legitimacy of her Ph.D. degree. |
| 5. | The false and defamatory statements made by P. N-Hayden concerning the personal, professional, and business reputation and character of plaintiffs were made maliciously and with intent to destroy plaintiffs' professional reputation and career. |
| 6. | The statements made by P. N-Hayden clearly denigrated plaintiffs' reputation, and accused her of engaging in conduct and having traits incompatible with her business as a literary agent, and are thus defamatory per se under New Jersey law. |
| 7. | As a direct and proximate result of defendant P. N-Hayden's conduct, plaintiff Barbara Bauer has been impaired in her ability to earn a living as a literary agent, and has sustained and will continue to sustain loss of income in amounts that will be established at trial. |
| 8. | As a direct and proximate result of defendant P.N-Hayden's conduct, plaintiff Barbara Bauer has suffered and will continue to suffer extreme mental anguish and distress. |
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