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Case 18-2868, Document 287, 08/09/2019, 2628251, Page65 of 76 are not substantially true.” Boehner v. Heise, 734 F. Supp. 2d 389, 399 (S.D.N.Y. 2010). The motion for summary judgment to dismiss the defamation on the ground of substantial truth is denied as not having been established by undisputed material facts. vI. The Defamation Claim is Not Barred by New York Law Maxwell has moved to dismiss the complaint on the ground that the Press Release is opinion and protected by the pre-litigation privilege under New York law. Because New York law does not support Maxwell’s position, the motion for summary judgment based on the characterization of the Press Release as opinion and as protected by a pre-litigation privilege is denied. 1. The Press Release is Not Opinion. As previously held, Maxwell’s statement that Giuffre’s claims of sexual assault are lies is not an expression of opinion: 65