Based on Tesla's past claims against Top Gear (that turned out in favor of Top Gear in court), I would give the NY Times the benefit of the doubt here. Especially since Tesla hasn't produced any evidence yet.
That court case does not mean as much as you think it does. Just because Top Gear won, does not mean that they were truthful. The judge merely said that even if Top Gear lied their lie would not be legally actionable.