- 2 -No. 105As stated in the complaint, plaintiff ChristakisShiamili is the founder and CEO of Ardor Realty Corp. (Ardor), aNew York apartment rental and sales company. In March 2008,Shiamili filed this action for defamation and unfair competitionby disparagement against defendants the Real Estate Group of NewYork, Inc. (TREGNY), Daniel Baum, and Ryan McCann. TREGNY is acompetitor of Ardor's, also engaged in selling and renting NewYork City apartments; Baum is TREGNY's principal and ChiefOperating Officer; and McCann is Baum's assistant.These defendants allegedly "administer and choosecontent for" a publicly accessible website -- a "blog" --dedicated to the New York City real estate industry.
InFebruary 2008, defendants allegedly published defamatorystatements about Shiamili on the website. Specifically, alengthy comment was added to a discussion thread by a useroperating under the pseudonym "Ardor Realty Sucks." The commentmade several allegedly defamatory statements suggesting thatShiamili mistreated his employees and was racist and anti-Semetic, referring to one of the company's agents as "his tokenJew." McCann, in his role as website administrator, moved thecomment to a stand-alone post, prefacing it with the statementthat, "the following story came to us as a . . . comment, and we
Defendants maintain that only McCann administers thewebsite. On this motion to dismiss, we accept plaintiff'sallegation that "all McCann's actions . . . were taken with theknowledge of or acquiescence by" the other defendants.- 2 -