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FROMMER v. ABELS

193 A.D.2d 513 (1993)

598 N.Y.S.2d 185

Arthur Frommer, Appellant, v. Joel M. Abels et al., Respondents, et al., Defendants

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

May 20, 1993

The IAS Court properly concluded that the complained of statements were not actionable. In separating protected opinion from actionable fact, a court must look at "`the content of the whole communication, its tone and apparent purpose'" (600 W. 115th St. Corp. v Von Gutfeld, 80 N.Y.2d 130, 145, quoting Immuno AG. v Moor-Jankowski, 77 N.Y.2d 235, 254). Plaintiff, a travel industry specialist...

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