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Finkel v. Dauber

906 N.Y.S.2d 697 (2010)

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Finkel v. Dauber

Supreme Court of New York

906 N.Y.S.2d 697 (2010)

Facts

A group of teenagers created a Facebook group called “90 Cents Short of a Dollar.” The group had five officers and six total members, including the officers. The Facebook group was closed to the public, and posts to the group were visible only to members of the group. Four of the officers posted comments about the “11th cent.” The comments included statements like the 11th cent acquired AIDS by having sex with a horse, having sex with a baboon, and having sex with a fireman prostitute, and the 11th cent morphed into a devil in a picture. Other comments in the group were generally juvenile jokes, like accusing one of the other members of having sex with a dog. Denise Finkel (plaintiff) sued Michael Dauber, Melinda Danowitz, Leah Hers, and Jeff Schwartz (defendants), who made the posts regarding the 11th cent. Finkel asserted that she was the 11th cent and that those statements constituted defamation. Finkel and the defendants moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Marber, J.)

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