Twenty-Five East 40th Street Restaurant Corp. v. Forbes, Inc.
New York Court of Appeals
Twenty-Five East 40th Street Restaurant Corp. v. Forbes, Inc., 30 N.Y.2d 595 (N.Y. 1972)
282 N.E.2d 118; 331 N.Y.S.2d 29; 1972 N.Y. LEXIS 1458
Twenty-Five East 40th Street Restaurant Corp. v. Forbes, Inc.
Concurring Opinion
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
Opinion of the Court
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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