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Leser v. PenidoLeser v. Penido

Appellate Division of the Supreme Court of the State of New York
Jun 19, 2012
Versions:96 A.D.3d 578
947 N.Y.S.2d 441

The record demonstrates that defendant is responsible for blog and website postings that, on their face, impugned plaintiff‘s chastity and therefore were libelous per se (see Ava v NYP Holdings, Inc., 64 AD3d 407, 412 [2009], lv denied 14 NY3d 702 [2010]). Defendant admitted that he created the website that posted the remarks and pornographic materials and that he alone possessed the password to get into the website, and plaintiff‘s unrebutted expert evidence linked defendant‘s IP addresses and a telephone number to the subject website and to his own business website. The evidence adduced at the hearing on damages demonstrates disinterested malevolence on defendant‘s part, which establishes plaintiff‘s entitlement to attorneys’ fees and supports the court‘s award of both compensatory and punitive damages (see Chiavarelli v Williams, 281 AD2d 255 [2001]). To the extent plaintiff challenges the amount of attorneys’ fees awarded, his arguments are unavailing, since no appeal lies from a decision directing the parties to settle order, and there is no indication in the record that an order was settled. Nor do we reach defendant‘s challenge to an order that sealed the pleadings and an exhibit, since the record contains no notice of appeal therefrom. Concur—Sweeny, J.P., Catterson, Acosta, Freedman and Román, JJ.

Case Details

Case Name: Leser v. Penido
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 19, 2012
Citations: 96 A.D.3d 578; 947 N.Y.S.2d 441
Court Abbreviation: N.Y. App. Div.
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