Twenty-Five East 40th Street Restaurant Corp. v. Forbes, Inc.

30 N.Y.2d 595 | NY | 1972

Lead Opinion

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.)

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Concurrence Opinion

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.