New York Court of Appeals, 1972

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

Twenty-Five East 40th Street Restaurant Corp. v. Forbes, Inc.
New York Court of Appeals · Decided March 15, 1972
30 N.Y.2d 595; 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.

Cases that cite this one

16 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.