Though Giuliani acknowledges in the filing that the statements were false, he does not concede that they caused any damage to Freeman or Moss.
That distinction is key because plaintiffs in a defamation case must prove not only that a statement made about them was false but that it also resulted in actual damage.
Giuliani's statement was attached to a filing arguing that he did not fail to produce evidence in the case and should not be sanctioned as Freeman and Moss had requested.
'While Giuliani does not admit to Plaintiffs' allegations, he - for purposes of this litigation only - does not contest the factual allegations,' the filing said.