FIRTH V. STATE OF NEW YORK
775 N.E.2d 463 (N.Y. 2002)
NATURE OF THE CASE: This was an appeal from a dismissal of a defamation claim and a
dispute over whether the single publication rule applied to items posted on internet sites.
FACTS: George Firth (P) was formerly employed by the Department of Environmental
Conservation as Director of the Division of Law Enforcement. His responsibilities included
weapons acquisition. At a press conference held on December 16, 1996, the Office of the
State Inspector General issued a report entitled 'The Best Bang for Their Buck,' which was
critical of P's managerial style and procurement of weapons. On the same day, the State
Education Department posted an executive summary with links to the full text of the report
on its Government Locator Internet site. On March 18, 1998, more than one year after the
report was first released and posted on the Internet, P filed a claim against the State
alleging that the report defamed him. The State moved to dismiss on the ground that the
claim was time- barred under the one-year statute of limitations for defamation. The Court
of Claims granted summary judgment to D, rejecting P's argument that the ongoing
availability of the report via the Internet constituted a continuing wrong or new
publication. The court concluded that the statute of limitations began to run on December
16, 1996, when the report was first made available on the Internet. The Appellate Division
affirmed; The single publication rule applied and that the claim was not timely filed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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