Bernard Ellsworth & Associates Inc. v. Empire Radio Partners Ltd.

KOPRIVA, J.,

Plaintiffs commenced this action by filing a complaint on August 14, 1989. The complaint sets forth 10 counts in which plaintiffs allege that individual defendant, Robert J. Puffer, defamed them and tortiously placed them in a false light by making the following statement during his morning radio show on January 16, 1989: “I may be setting myself up for a lawsuit. Ellsworth’s is closed, filing for bankruptcy and it is just as well, their service is slow, their food is cold and desserts are $4.50.”

Defendants filed preliminary objections on September 21, 1989. Plaintiffs then filed…