Shiamili v. Real Estate Group of New York, Inc.
17 N.Y.3d 281
| NY | 2011Background
- Plaintiff Christakis Shiamili, founder/CEO of Ardor Realty, sues defendants over defamatory comments on a New York real estate blog.
- Defendants are The Real Estate Group of New York, Inc. (TREGNY), Daniel Baum, and Ryan McCann, who allegedly controlled a public blog about NYC real estate.
- Defamatory statements were posted by anonymous users; McCann, as site administrator, moved a comment to a stand-alone post with inflammatory framing.
- Plaintiff alleges the statements were intended to injure reputation and seeks damages and injunctive relief.
- Defendants moved to dismiss under CPLR 3211 (a)(7); the trial court initially declined to dismiss; Appellate Division granted dismissal under CDA immunity.
- Court grants appeal, holding § 230 of the CDA generally immunizes providers of interactive computer services from liability for third-party content.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CDA § 230 immunizes the website operator from liability. | Shiamili: defendants contributed to defaming content; not mere publishers. | Defendants are publishers of third-party content and immune under § 230. | Yes; CDA immunizes the operator from liability. |
| Whether defendants were content providers, not just publishers. | Content providers contribute to illegality; room for development. | Content provided by third parties; operators not liable for third-party content. | Content providers status not met; statements provided by others; immunity applies. |
| Whether the accompanying heading/illustration by defendants materially contributed to defamation. | Headings/illustration amplified defamatory meaning. | Headings/illustration not defamatory and not materially contributing. | No substantial contribution; immunity stands. |
| Whether posting by defendants to move third-party content constitutes development under § 230. | Reposting with embellishment could be development. | Reposting is within a publisher’s editorial functions and protected. | Reposting alone does not defeat immunity. |
Key Cases Cited
- Zeran v. AOL, Inc., 129 F.3d 327 (4th Cir. 1997) (broad immunity to service providers for third-party content)
- Roommates.Com, LLC v. City of Glendale, 521 F.3d 1157 (9th Cir. 2008) (development/participation test for content providers)
- Accusearch Inc. v. Interactive Med. Tech., Inc., 570 F.3d 1187 (10th Cir. 2009) (service provider liability based on development of offensive content)
- Ben Ezra, Weinstein, & Co. v. AOL, Inc., 206 F.3d 980 (10th Cir. 2000) (editorial role in publishing third-party content)
- Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) (editorial functions and immunity for content selection)
- DiMeo v. Max, 248 Fed. Appx. 280 (3d Cir. 2007) (third-party comments on site; publisher immunity for editing/posting)