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WORD OF GOD v. VIMEO, INC.

Index. No. 653735/20. Appeal No. 15460. Case No. 2021-00793.

205 A.D.3d 23 (2022)

166 N.Y.S.3d 3

2022 NY Slip Op 01978

WORD OF GOD FELLOWSHIP, INC., Doing Dusiness as DAYSTAR TELEVISION NETWORK, Plaintiff-Appellant, v. VIMEO, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 22, 2022.

Attorney(s) appearing for the Case

Day Pitney LLP, New York City ( Alfred W.J. Marks and Gregory R. Bruno of counsel), and Kelly Hart & Hallman, LLP, Fort Worth, TX ( Michael D. Anderson and Caleb B. Bulls , of the Texas bar, admitted pro hac vice, of counsel), for appellant.

Vimeo, Inc., New York City ( Michael A. Cheah and Neel Chopra of counsel), and Cuti Hecker Wang LLP, New York City ( John R. Cuti and Alexander Goldenberg of counsel), for respondents.

OPINION OF THE COURT

This appeal concerns whether a video-hosting service may be held liable for its decision to remove videos that it determines violate its terms of service. Defendant Vimeo, Inc. prohibits users from posting videos that make false or misleading claims about vaccine safety. It removed five videos, posted by...

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