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Firth v. State of New York

Court of Appeals of New York

775 N.E.2d 463 (N.Y. 2002)

Relevant factsFree

George Firth (plaintiff), a former state employee who handled weapons acquisition, was criticized in a report issued at a press conference by the New York Inspector General; the same day, the State Education Department posted an executive summary linking to the full report on a government website. Firth sued for defamation more than a year later; New York (defendant) moved to dismiss based on the one-year defamation statute of limitations, and the trial court and appellate division agreed, since suit was filed after the limitations period had run from the initial posting.

IssueFree

Whether the single-publication rule applies to defamatory statements made on Internet websites, such that the statute of limitations runs from the initial posting rather than restarting each time the content is accessed.

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