New York CM Report of Recent Decisions (2002v3)
2002 Volume 3
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
New York Court of Appeals Applies the Single Publication Rule to Internet Defamation
In Firth v. State of New York, 2002 WL 1418699, the Court of Appeals applied the single publication rule to defamation which is committed over the Internet via Web site posting. As a result of this decision, an Internet publisher will not be exposed to a new cause of action whenever its Web page is viewed or updated. As unrelated changes to a Web site do not amount to the republishing of an article, the statute of limitations is not extended with each modification. This is an important case as it indicates that the Court will not blindly apply traditional mass media jurisprudence to the Internet, but will consider how policies and rules applicable to other media might inhibit or otherwise affect the new medium of cyberspace.
The Civil Court of the City of New York has held that breach of contract claims involving the September 11 attacks fall within the wartime precedent of the “law of temporary impossibility.”
Third Department Holds "Constructive Notice" of Lead Paint Hazards in Common Areas of Building Sufficient to Defeat Landlord's Motion For Summary Judgment
The Third Department’s ruling will undoubtedly make it much more difficult for landlords to obtain summary judgment on “lack of notice” grounds in lead paint injury cases involving alleged paint hazards in common areas of a building.
