New Yorker Hotel Management Co. v. District Council No. 9 New York IUPAT

OPINION OF THE COURT

Richard F. Braun, J.

This is an action for defamation seeking damages, and preliminary and permanent injunctive relief, arising out of the giving out of handbills by defendant District Council No. 9 New York IUPAT outside of the premises of plaintiff New Yorker Hotel. Defendant is a union representing painters. The three versions of the handbills in question all begin in large bold print:

“NOTICE TO THE PUBLIC “THE New Yorker HOTEL—INFESTED WITH BED BUGS”

In somewhat smaller type size in the very next line of each handbill, but all still in large bold print, the handbills…