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Three Amigos SJL Restaurant, Inc. v. CBS News, Inc.

15 N.Y.S.3d 36 (2015)

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Three Amigos SJL Restaurant, Inc. v. CBS News, Inc.

New York Supreme Court, Appellate Division

15 N.Y.S.3d 36 (2015)

Facts

CBS News, Inc. (defendant) reported accurately that federal authorities raided The Cheetah Club because they believed it to be run by the Mafia and part of an international human trafficking operation. Various entities provided management and promotional services to the club as independent contractors. Those entities and certain members of the entities’ management team (plaintiffs) brought a defamation suit against CBS. The plaintiffs alleged that CBS, by reporting that the club was run by the Mafia, effectively stated that the plaintiffs were in the Mafia. One of the members of the management team filed an affidavit stating that the individual plaintiffs were members of a small group that effectively ran the club. CBS filed a motion to dismiss. The trial court granted the motion. The plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Tom, J.)

Dissent (Kapnick, J.)

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