Legal Opinion
Themed Restaurants, Inc. v. Zagat Survey, LLC
New York Supreme Court
Decided August 19, 2004PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Diane A. Lebedeff, J.
Disregarding the common wisdom that “all publicity is good publicity,” a restaurant owner sues over its review in a Zagat *975restaurant guide. This dispute presents a nationwide issue of first impression, for no court has been called upon to consider the standards applicable to a defamation claim raised against a review of a commercial establishment based upon combined extracts of quoted anonymous consumer comments, accompanied by ratings based upon scores given by those consumers. Additionally, as to New York law, the motion highlights the need for clear…
2Cases cited31 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
- Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
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3Cited by5 opinions
- Davis v. AVVO, Inc.District Court, S.D. Illinois · 2018
- Themed Restaurants, Inc. v. Zagat Survey, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- BYD Company Ltd. v. VICE Media LLCDistrict Court, S.D. New York · 2021
- Bauer v. BaudDistrict Court, S.D. New York · 2023
- Themed Rests., Inc. v. Zagat Survey, LLCNew York Supreme Court, New York County · 2004