N.Y. Civil Rights Law § 78: Mitigating circumstances in action for libel or slander

§ 78. Mitigating circumstances in action for libel or slander. In an

action for libel or slander the defendant may prove mitigating

circumstances, including the sources of his information and the grounds

for his belief, whether or not he has pleaded or attempted to prove any

defense. A defendant in default for want of an answer may prove such

mitigating circumstances upon a reference or inquiry to ascertain the

amount of the plaintiff's damages. Matter tending only to mitigate or

reduce damages is a partial defense and may be set forth in the answer.