Rubin v. Kahlon

Summary

The New York Appellate Division, First Department affirmed dismissal of a defamation action based on the conclusion that an anonymous Facebook post was not reasonably understood to concern the plaintiff. The court held that the action fell within New York’s anti-SLAPP statute and awarded the defendant attorneys’ fees and costs under Civil Rights Law § 70-a, remanding for further proceedings on that award.

Holdings

1. The post was not of and concerning plaintiff as a matter of law because an ordinary member of the relevant Facebook group could not identify plaintiff as the subject of the anonymous post.
2. The action fell within the scope of New York's anti-SLAPP statute because the Facebook post concerned an issue of public interest.
3. Defendant was entitled to a mandatory award of attorneys' fees and costs under Civil Rights Law § 70-a(1)(a) because prevailing on a CPLR 3211(a)(7) motion was sufficient to establish entitlement.

Questions Presented

1. Whether the allegedly defamatory Facebook post was sufficiently of and concerning plaintiff to state a defamation claim.
2. Whether the action fell within New York's anti-SLAPP statute.
3. Whether defendant was entitled to a mandatory award of attorneys' fees and costs under Civil Rights Law § 70-a(1)(a) after prevailing on a CPLR 3211(a)(7) motion.

Disposition

remanded