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Case 18-2868, Document 276, 08/09/2019, 2628224, Page28 of 77
defamatory are indefinite and ambiguous. The first says plaintiff's “allegations” against
Ms. Maxwell are “untrue.” But plaintiff has made many dozens of allegations against
Ms. Maxwell, and some are provably false. See This Motion, at §{] 37-50. The statement does not
specify which of the allegations are untrue. The second statement is that the “original
allegations” have been “shown to be untrue.” The “original allegations” were first revealed in the
2011 Churcher articles. Plaintiff made many dozens of allegations “originally.” The statement
does not specify which of the “original” allegations were shown to be untrue. Some have been
shown to be untrue. See This Motion, at 53-65. The third statement is that plaintiffs “claims” are
“obvious lies.” This too is indefinite and ambiguous. Plaintiff has made many dozens of claims.
The statement does not specify which ones are being referenced. More importantly, it does not
say how or why some of the claims are “obvious” lies. Regardless, some of plaintiffs claims are
“obvious lies.” See This Motion, at 53-65.
Whether the three sentences in the January 2015 statement are capable of being
objectively characterized as true or false. Can the three sentences be characterized as true or
false? They cannot, because the statement does not specify which of the many dozens of
allegations plaintiff has made are “untrue” and “shown to be untrue,” and which of plaintiff's
many dozens of “claims” are “obvious lies.”
It is axiomatic that the plural form of a word, e.g., “allegations” and “claims,” universally
denotes—only—“more than one,” People v. Kocsis, 28 N.Y .S.3d 466, 471 (App. Div. 2016)
(emphasis supplied). See, e.g., Lehman Bros. Commercial Corp. v. Minmetals Int’l Non-Ferrous
Metals Trading Co., No. 94 CIV. 8301(JFK), 1995 WL 380119, at *6 n.2 (S.D.N.Y. June 26,
1995). So for Steinhilber purposes it is dispositive of the fact versus opinion question if we can
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Document Details
| Filename | DocumentCloud_Epstein_Docs_p00077.png |
| File Size | 300.2 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 2,005 characters |
| Indexed | 2026-02-04 12:22:28.217956 |