24 A.D.2d 284 (1965)

When the essence of a cause of action is injury to reputation, the statute of limitations for defamation applies, regardless of the specific tort alleged.

Summary

Morrison, a university professor, sued NBC after participating in the rigged quiz show “21.” He claimed the scandal damaged his reputation and caused him to be denied fellowships. The court addressed whether the claim was time-barred by the one-year statute of limitations for defamation, even though the plaintiff framed the cause of action as an “intentional wrong.” The court held that because the harm alleged was to his reputation, the defamation statute of limitations applied, barring the suit, as the essence of the action, not its name, controls the applicable statute of limitations.

Facts

Plaintiff Morrison participated in the “21” quiz show, which was later revealed to be rigged. The public exposure of the hoax led to the belief that all contestants were privy to the fraud. Morrison alleged that this caused damage to his professional standing and reputation, leading to the denial of fellowship applications.

Procedural History

The defendant moved to dismiss the first cause of action, arguing legal insufficiency and statute of limitations. The Special Term court upheld the cause of action but dismissed it based on the one-year statute of limitations for defamation. The Appellate Division reversed, finding the cause of action alleged an “intentional wrong” subject to a six-year statute of limitations. The Court of Appeals then reviewed the Appellate Division’s decision.

Issue(s)

Whether a cause of action alleging injury to reputation, stemming from an intentional wrong other than direct defamation, is governed by the one-year statute of limitations applicable to libel and slander.

Holding

No, because the essence of the action is injury to reputation, the one-year statute of limitations for defamation applies, regardless of how the cause of action is framed.

Court’s Reasoning

The court reasoned that the harm alleged by the plaintiff was precisely the same as that caused by defamation: injury to reputation. It emphasized that defamation is defined by its injury—damage to reputation—rather than the manner in which the injury is accomplished. The court stated that “unlike most torts, defamation is defined in terms of the injury, damage to reputation, and not in terms of the manner in which the injury is accomplished.” It quoted the Restatement of Torts definition of defamation to underscore this point: “A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” Applying the principle from Brick v. Cohn-Hall-Marx Co., the court stated, “We look for the reality, and the essence of the action and not its mere name.” Allowing the plaintiff to circumvent the defamation statute of limitations by “redescribing [the] defamation action to fit this new ‘noncategory’ of intentional wrong” would be unreasonable. Since the complaint was filed more than one year after the fixing of the quiz show became publicly known, the action was time-barred.