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SHIAMILI v. REAL ESTATE GROUP

No. 105

17 N.Y.3d 281 (2011)

952 N.E.2d 1011

929 N.Y.S.2d 19

2011 NY Slip Op 5111

CHRISTAKIS SHIAMILI, Individually and on Behalf of ARDOR REALTY CORP., Appellant, v. THE REAL ESTATE GROUP OF NEW YORK, INC., et al., Respondents.

Court of Appeals of New York.

Decided June 14, 2011.

Attorney(s) appearing for the Case

The Shapiro Firm, LLP, New York City ( Jonathan S. Shapiro and Robert J. Shapiro of counsel), for appellant.

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City ( Joseph D'Ambrosio , Andrew I. Mandelbaum and John Mattoon of counsel), for respondents.

Judges GRAFFEO, READ and SMITH concur with Judge CIPARICK; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judges PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, we consider for the first time whether a plaintiff's claim against a Web site operator arising out of allegedly defamatory comments posted to the Web site is barred by the Communications Decency Act (CDA), codified at 47 USC § 230. We conclude that it is, and that the defendants' motion to dismiss the complaint was properly granted.

As stated...

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