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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46758 Justice James PLAINTIFF’S STORE overlooks a memorial park being built as a tribute to residents who died in the Sept. 11, 2001 terrorist attacks. In a newspaper advertisement identified as a “paid advertisement” and “personal opinion,” an artist designing a memorial in the park criticized a billboard on the store’s roof. Defendants artist and newspaper sought dismissal of plaintiff’s action – which alleged defamation and tortious interference with business relations – as a Strategic Lawsuit Against Public Participation or SLAPP suit. The court dismissed plaintiff’s complaint, finding that it failed to allege that defendants acted with actual malice, a prerequisite to a SLAPP action. In addition to finding the advertisement – replete with hyperbole, rhetoric and melodrama – to be an nonactionable expression of pure opinion, the court noted that plaintiff obtained its permit to erect the billboard and failed to allege any business losses due to the advertisement.

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