Plaintiffs, an orthodontist and his professional corporation, allege that defendants - a former minor patient and the patient's parents - defamed them in an unfavorable review posted online. The review contains elements of both fact and opinion, but it is not actionable, because it is beyond the court's province to sift throught the review to isolate and identify factual assertions. Instead, the court may only consider the overall context in which the communication was made. Here, it was an anonymous online review of plaintiff's services. A reasonable reader would understand the review to be pure opinion based on the context in which it was posted and its hyperbolic tone. In addition, New York courts have held that readers give less credence to allegedly defamatory remarks published online than to similar remarks made in other contexts. The claim is dismissed.
DeRicco v. Maidman, NY Slip Op 05921 (1st Dep't October 20, 2022)
