Finkel v. Dauber

906 N.Y.S.2d 697 (2010)


Ninety Cents Short of a Dollar is a 'secret' Facebook group, which has no public content and does not appear on a Facebook member's profile. New members must be invited by an administrator. Although Ninety Cents lists only six members or 'cents,' 10 people are listed as 'cents' in the group's 'recent news.' The group's information page shows that its name is '90 Cents Short of a Dollar,' and lists five officers and six members, five of whom are the officers. The officers are defendants, Michael Dauber, Melinda Danowitz, Leah Herz and Jeff Schwartz, and a nondefendant, Joe Colello. The listed purpose of the group is 'just for fun' and 'inside jokes.' P identifies herself as the 11th cent in posts made by the group. Her name is never used. Here is some of the content: 

11th cent, unbeknownst to many, acquired AIDS while on a cruise to Africa. While in Africa she was seen fucking a horse. I kinda felt bad for the eleventh cent … but then again I felt WORSE for the horse. It was not from an African cruise … it was from sharing needles with different heroin addicts, this led to cross 'mojination' which caused the HIV virus . . . she then persisted to screw a baboon which caused the epidemic to spread. i heard that the 11th cent got aids when she hired a male prostitute who came dressed as a sexy fireman. apparently . . she was lonely because her friends no longer associated with her. her sexy fireman prostitute was her only company. in addition to acquiring aids, this nameless 11th cent acquired crabs and syphilis. also, i heard that the stds [sexually transmitted diseases] she got were so bad that she morphed into the devil in one of our pictures … oops did i reviel the 11th cent?

P claims she is the 11th cent because it was her photo which was edited to look like the devil. P filed for partial summary judgment. Ds moved for sanctions.