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Torts Keyed to Epstein
Firth v. State of New York
Facts
Plaintiff was formerly employed by the Department of Environmental Conservation. 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 Plaintiff’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, Plaintiff filed a claim against the State (Defendant) alleging that the report defamed him. Defendant 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 Defendant’s Summary Judgment Motion. The court rejected Plaintiff’s argument that the ongoing availability of the report via the Internet constituted a continuing wrong or new publication. The Appellate Division affirmed. Plaintiff appealed.
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