Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Kurland & Assoc., P.C. v. Glassdoor, Inc.
Citation: 2022 NY Slip Op 03323Docket: Index No. 162083/18 Appeal No. 15969 & M-1361 Case No. 2021-02776
Court: Appellate Division of the Supreme Court of the State of New York; May 19, 2022; New York; State Appellate Court
Original Court Document: View Document
Kurland Associates, P.C., doing business as The Kurland Group, appealed against Glassdoor, Inc. and Jane/John Doe regarding a defamation claim. The Appellate Division of the New York Supreme Court affirmed the lower court's decision to dismiss the second amended complaint pursuant to CPLR 3211(a)(7), which was based on the anti-SLAPP law (Civil Rights Law §§ 70-a, 76-a). The court clarified that the 2020 amendments to the anti-SLAPP law do not apply retroactively to the claims at hand. The court noted that the defendants did not argue the applicability of the previous anti-SLAPP law or present a basis for an award of costs and attorney's fees under it. As such, the dismissal was re-designated under CPLR 3211(a)(7) rather than CPLR 3211(g), and the denial of the defendants' motion for costs and fees was affirmed. The court did not address the sufficiency of the breach of duty of loyalty claim, as it was included in a third amended complaint filed without leave of court. The defamation claim was dismissed because Glassdoor, as an interactive computer service provider, is immune from liability for third-party content under the Communications Decency Act (47 USC § 230(c)(1)). The negative review that Kurland sought to challenge was deemed protected opinion and not actionable, as it did not constitute a "mixed opinion" based on false or undisclosed facts. Additionally, the court granted a motion for leave to file an amicus curiae brief from the Reporters Committee for Freedom of the Press and 26 media organizations. The decision and order were entered on May 19, 2022.