Friday, September 25, 2015

THE SUIT ON THE YELP REVIEW

Many of been reading on the Staten Island Civil Court judge who ordered a $1000 fine on a Yelp reviewer stating the reviewer crossed the line:

http://www.nydailynews.com/new-york/s-woman-pay-1g-fine-bashing-business-yelp-article-1.2370681

Earlier this year, the Supreme Court, Suffolk County stated:

"Where a statement impugns the basic integrity or creditworthiness of a business, an action for
defamation lies and injury is conclusively presumed. Where, however, the statement is confined to
denigrating the quality of the business’ goods or services, it could support an action for disparagement, but will do so only if malice and special damages are shown. ( Hamlet Development Co., v. Venitt, 95 A.D.2d 798. 463 N.Y.S.2d 514 [ 2d Dept 19831 ) Herein, the plaintiff has not pled a cause of action for disparagement and it is clear that the defendant’s “review” is limited to her dissatisfaction with the plaintiffs service in installing her home theater system. As such, pursuant to the foregoing and under the circumstances presented herein, the plaintiffs have failed to plead a cause of action in libel and the motion to dismiss is granted."

CRESCENDO DESIGNS, LTD, v. JACQUELINE D. RESES, 17421/13, SUp. Ct. Suff. Co., February 3, 2015

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