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Twenty-Five E. 40th St. Rest. v. Forbes

Court of Appeals of the State of New York
Mar 15, 1972
282 N.E.2d 118 (N.Y. 1972)

Opinion

Argued February 17, 1972

Decided March 15, 1972

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.

Harry T. Kirp and Leon H. Charney for appellant.

Michael J. DeSantis, John A. Wilson and Lawrence G. Golde for respondent.


Order affirmed, with costs. The plaintiff has failed to state any evidentiary facts, warranting a trial, to support its allegation that the defendant was motivated by malice in publishing its critique of the plaintiff's restaurant. (See, e.g., Rosenbloom v. Metromedia, Inc., 403 U.S. 29; New York Times Co. v. Sullivan, 376 U.S. 254; Frink v. McEldowney, 29 N.Y.2d 720; Kent v. City of Buffalo, 29 N.Y.2d 818.)

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

Twenty-Five E. 40th St. Rest. v. Forbes

Court of Appeals of the State of New York
Mar 15, 1972
282 N.E.2d 118 (N.Y. 1972)
Case details for

Twenty-Five E. 40th St. Rest. v. Forbes

Case Details

Full title:TWENTY-FIVE EAST 40TH STREET RESTAURANT CORPORATION, Appellant, v. FORBES…

Court:Court of Appeals of the State of New York

Date published: Mar 15, 1972

Citations

282 N.E.2d 118 (N.Y. 1972)
282 N.E.2d 118
331 N.Y.S.2d 29

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