Legal Opinion

Shiamili v. Real Estate Group of New York, Inc.

New York Court of Appeals

Decided June 14, 2011PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

On this appeal, we consider for the first time whether a plaintiffs 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 in the complaint, plaintiff Christakis Shiamili is the founder and CEO of Ardor Realty Corp. (Ardor), a New York apartment rental and sales company. In March 2008, Shiamili filed this action for defamation…

2Cases cited18 opinions

  1. Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009
  2. Doe v. MySpace, Inc.Court of Appeals for the Fifth Circuit · 2008
  3. Kenneth M. Zeran v. America Online, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
  4. Gross v. New York Times Co.New York Court of Appeals · 1993
  5. Batzel v. SmithCourt of Appeals for the Ninth Circuit · 2003

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3Cited by17 opinions

  1. Enigma Software Group USA, LLC v. Bleeping Computer LLCDistrict Court, S.D. New York · 2016
  2. Hassell v. BirdCalifornia Supreme Court · 2018
  3. Hill v. StubHub, Inc.Court of Appeals of North Carolina · 2012
  4. Enigma Software Group USA v. Malwarebytes Inc.Court of Appeals for the Ninth Circuit · 2019
  5. Jones v. Dirty World Entertainment Recordings, LLCDistrict Court, E.D. Kentucky · 2012

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