TWENTY-FIVE EAST 40TH ST. REST. CORP. v. FORBES, INC.


37 A.D.2d 546 (1971)

Twenty-Five East 40th Street Restaurant Corporation, Respondent, v. Forbes, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 22, 1971


Defendant-appellant shall recover of plaintiff-respondent $50 costs and disbursements of this appeal.

The review of the restaurant was of interest to the public who might patronize it and was privileged under the First Amendment. The review published by the defendant was a critique of the restaurant and the undisputed facts failed to show malice. The motivation of the review was for the protection of the public in the disclosure of a highly important matter affecting...

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