Continuing Violation Doctrine In Defamation Cases

In Selkirk v. State of New York (249 AD2d 818, 819), the Third Department specifically rejected the application of the continuing violation doctrine to a claim seeking to set forth a cause of action for defamation upon the holding that "the application of the doctrine ... may only be predicated on continuing unlawful acts and not on the continuing effects of earlier unlawful conduct." Unless each daily appearance of the report upon the Internet constitutes a republication, an issue to be addressed with respect to the discussion of the single publication rule which follows, the defendant's allegedly wrongful acts consisted of the issuance of the Report on December 16, 1996 and its initial publication upon the Internet on the same date. Any continuing damage to the claimant arising from its availability upon the Internet would simply be a continuing effect of an earlier wrongful act.