In a reversal of the Bronx lower court, a state appeals court has thrown out an orthodontist’s defamation suit over a negative Google review, finding it wasn’t the court’s “province to sift through the communication for the purpose of isolating and identifying assertions of fact.”
“Contrary to Supreme Court’s holding, we find that, although defendants’ Google review contains elements of both fact and opinion, it nevertheless is not actionable,” the Appellate Division, First Department court said in an opinion reversing the denial of a motion to dismiss.
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