Lunney v. Prodigy Services Company
New York Supreme Court, Appellate Division
250 A.D.2d 230, 683 N.Y.S.2d 557 (1998)
- Written by Sarah Hoffman, JD
Facts
Prodigy Services Company (Prodigy) (defendant) was an internet service provider that hosted electronic bulletin boards. Prodigy ultimately ceased all efforts to maintain editorial control over its bulletin boards. Alexander Lunney was a minor child. An imposter opened several accounts with Prodigy using variations of Lunney’s name. The imposter used these accounts to send threatening emails to a Boy Scout leader in the same area where Lunney lived. The imposter also used the accounts in Lunney’s name to post vulgar messages on Prodigy’s bulletin boards. When Prodigy learned of all of these events, it closed the accounts, took down the postings, and apologized to Lunney. Lunney filed suit against Prodigy for libel. Prodigy filed a motion for summary judgment, which was denied by the trial court. Prodigy appealed.
Rule of Law
Issue
Holding and Reasoning (Bracken, J.)
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