Question

Critical Lega 5.1 Disparagement z famous Zagat series of d for different cities and loc guides lists and ranks 0 to 30 for categor These ratings are calcu nonymous consumer comments. Lucky Cheng's is taurants, Inc., that is City. Lucky Chene's queen cabaret wher waiters and performers. al Legal Thinking Cases went Zagat Survey, LLC, publishes the dances for dessert": obviously, it can be exhausting, ories of dining, travel, and leisure guides and locations. The Zagat restaurant menu and their makeup." and reary soell-epishers suggest they "freshen up the and ranks each reviewed restaurant from for categories such as food, décor, and service. Themed Restaurants sued Zagat for disparagement. nøs are calculated from surveys of custom Zagat defended, arguing that the ratings and comments of the restaurants, and the Zagat guide often about Lucky Cheng's restaurant that appeared in the Zagat guide were opinions and not statements of kv Cheng's is a restaurant owned by Themed Res. fact, and were, therefore, not actionable as disparage- Inc., that is located in Manhattan, New York ment. Were the statements made in Zagat's restaurant ucky Cheng's is a theme restaurant with a drag guide statements of fact or statements of opinion? Is abaret where female impersonators are both Zagat liable for disparagement? Themed Restaurants, and performers, and customer participation Inc., Doing Business as Lucky Cheng's c. Zagat Sur- vey, LLC, 801 N.Y.S.2d 38, Web 2005 N.Y. App. Div. ributes to the entertainment. The Zagat Survey Lexis 9275 (Supreme Court of New York, Appellate York City Restaurants rated the food at Lucky Division) d's as 9 and rated the décor and service as 15. The 5.2 Negligence Curtis R. Wilhelm owned beehives w knows "you don't go for the food" at this East and kept the hives on property he owned. John Black, Willade Asian-Eclectic-rather you go to "garok" at who operated a honeybee business, contracted to pur. terious" "cross-dressing" staff who "tell dirty chase some beehives from Wilhelm. Black employed jokes", perform "impromptu floor shows" and offer "lap Santos Flores, Sr. to help him pick up the beehives from Zagat guide then stated:

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Answer 1

5.1: The statements made in Zagat’s restaurant guide statements were clearly opinions and not facts or statements. The statements were subjective opinions and were based on subjective judgements. It cannot be construed as statement of facts and no falsity was presented through these opinions. One more thing that should be noted is that the review is not based on the judgement of an individual diner but is rather a summary and conclusion of opinions of several numbers of diners. Hence Zagat is not liable for disparagement.