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THEMED RESTS. v. ZAGAT SURVEY

4 Misc.3d 974 (2004)

781 N.Y.S.2d 441

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

Supreme Court, New York County.

August 19, 2004.

Attorney(s) appearing for the Case

Ravi Ivan Sharma, New York City, for plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York City (Martin London and Audra J. Soloway of counsel), for defendants.

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 restaurant 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...

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