THEMED RESTAURANTS, INC. v. ZAGAT SURVEY, LLC


21 A.D.3d 826 (2005)

801 N.Y.S.2d 38

THEMED RESTAURANTS, INC., Doing Business as LUCKY CHENG'S, Appellant, v. ZAGAT SURVEY, LLC, et al., Respondents, et al., Defendants.

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

September 22, 2005.


The complained-of restaurant review appearing in the 2004 edition of defendant's Zagat Survey of New York City Restaurants does not furnish an actionable basis for a defamation or trade libel claim. The Zagat Survey features reviews compiled from surveys submitted to Zagat from members of the public. Plaintiff restaurant, as described by its owner, is a theme restaurant with a drag queen cabaret, where female impersonators are both waiters and performers, and customer participation...

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