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DAVID LEBLANC, APPELLANT-res, v. WAYNE SKINNER, ET AL., RESPONDENTS-APPELLANTS def

DAVID LEBLANC, APPELLANT-res, v. WAYNE SKINNER, ET AL., RESPONDENTS-APPELLANTS def — (INDEX NO. 8310/08)COHEN, J.In this action to recover damages for defamation, we are asked to determine whether the applicable statute of limitations bars the consideration of certain allegedly defamatory statements posted on a publicly accessible Internet web log—or "blog"—dedicated to the local community issues of Wawayanda, New York, located in Orange County, and on the local newspaper's web site. We are also asked to determine, inter alia, whether the plaintiff was required to plead special damages regarding published accusations on these web sites that he was responsible for dumping a severed horse head into the swimming pool at a residence belonging to a member of the Town Board of the Town of Wawayanda (hereinafter the Town Board).

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DAVID LEBLANC, APPELLANT-res, v. WAYNE SKINNER, ET AL., RESPONDENTS-APPELLANTS def — (INDEX NO. 8310/08)COHEN, J.In this action to recover damages for defamation, we are asked to determine whether the applicable statute of limitations bars the consideration of certain allegedly defamatory statements posted on a publicly accessible Internet web log—or “blog”—dedicated to the local community issues of Wawayanda, New York, located in Orange County, and on the local newspaper’s web site. We are also asked to determine, inter alia, whether the plaintiff was required to plead special damages regarding published accusations on these web sites that he was responsible for dumping a severed horse head into the swimming pool at a residence belonging to a member of the Town Board of the Town of Wawayanda (hereinafter the Town Board).

For the reasons stated below, we disagree with the Supreme Court’s determination that, absent a particularized allegation of special damages, the third cause of action was not actionable, but otherwise agree with its conclusions with respect to the first, second, and fourth causes of action. Accordingly, we modify the order appealed from.

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