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School of Visual Arts v. Kuprewicz

Supreme Court, New York County
771 N.Y.S.2d 804 (2003)


Facts

Former employee Diane Kuprewicz (defendant) posted listings on craigslist.com purporting to seek a new human resources director for the School of Visual Arts (SVA) (plaintiff), a position held by Laurie Pearlberg (plaintiff). Kuprewicz used correct contact information for Pearlberg’s supervisor, who received numerous job-applicant emails in response. Kuprewicz also listed Pearlberg’s email and work mailing addresses with porn websites and sent her sexually explicit e-cards, resulting in Pearlberg’s receiving voluminous amounts of pornographic emails and catalogs at work. SVA claimed the unsolicited emails overwhelmed its computer system by depleting disk space, draining processing power, and compromising system resources. SVA and Pearlberg sued Kuprewicz, asserting claims for trespass to chattels, false designation of origin and dilution under the Lanham Act, professional defamation and trade libel, intentional interference with prospective economic advantage, and state-law invasion of privacy. Kuprewicz moved to dismiss, arguing the complaint did not state a cognizable cause of action.

Rule of Law

Issue

Holding and Reasoning (Richter, J.)

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