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

30 N.Y.2d 595 (1972)

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

Court of Appeals of the State of New York.

Decided March 15, 1972.

Attorney(s) appearing for the Case

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

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

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

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

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