New York's top court has rejected a real estate broker's defamation claim against a rival business over anonymous comments posted on its website saying the broker mistreated agents, failed to pay bills and was racist and anti-Semitic.

The Court of Appeals split 4-3 in Tuesday's ruling that the federal Communications Decency Act prohibits the claim by Christakis Shiamili, head of Ardor Realty Corp. He had sued The Real Estate Group of New York, its chief operating officer and the employee who moderated the now-defunct website.

The content was posted for a few days in February 2008.

The court majority says the federal law protects those who administer Web content provided by third parties.

The dissenting judges say the operator provided notes and an illustration contributing materially to "scurrilous defamatory attacks."