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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