Jun 29, 2017

Appellate Court Affirms Dismissal of Internet Defamation Suit Over a Negative Online Customer Review

Crescendo Designs, Ltd., v. Reses, 2017 N.Y. App. Div. LEXIS 5119 (2d Dep’t June 28, 2017).
Appellate Division affirmed dismissal of libel and defamation claims against consumer who published an unfavorable review of a home electronics company on an internet customer review website holding that the review constituted a protected opinion and therefore was not actionable. The electronics company argued that the review contained allegations of fact that are not protected. The Court rejected this argument and agreed that the analyzing the review as a whole and in the context of where it was made, it was clear that the review was merely the consumer’s opinion of the products and services provided by the company.

Partner Joseph D’Ambrosio and associate Janine Balzofiore assisted on the appeal.

By, Joseph D’Ambrosio