Friedman v. Garnet Wines & Liqs. Inc. - Defamation Claim Ruling

New York Appellate Division

Filed March 3rd, 2026

Detected March 4th, 2026

Summary

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision to dismiss a defamation claim in Friedman v. Garnet Wines & Liqs. Inc. The court found that the statement made by the defendant, viewed in context, constituted nonactionable opinion. The ruling was issued on March 3, 2026.

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What changed

The Appellate Division of the Supreme Court of New York, First Department, affirmed the dismissal of a defamation claim in Friedman v. Garnet Wines & Liqs. Inc. (Docket No. 155385/21). The court found that while the plaintiff adequately alleged the publication of a false statement, the statement itself, viewed in its totality and in the context of a credit card chargeback dispute, was not defamatory and constituted nonactionable opinion. This ruling upholds the lower court's decision.

This decision has limited operational impact for most regulated entities, primarily serving as a legal precedent in defamation cases within New York. Compliance officers should note that statements made in the context of commercial disputes, even if critical, may be protected as opinion if not presented as factual assertions. No specific compliance actions or deadlines are mandated by this court opinion.

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March 3, 2026 Get Citation Alerts Add Note

Friedman v. Garnet Wines & Liqs. Inc.

Appellate Division of the Supreme Court of the State of New York

Citations: 2026 NY Slip Op 01161
Docket Number: Index No. 155385/21; Appeal No. 5986; Case No. 2024-03531
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Combined Opinion

Friedman v Garnet Wines & Liqs. Inc. (2026 NY Slip Op 01161)
| Friedman v Garnet Wines & Liqs. Inc. |
| 2026 NY Slip Op 01161 |
| Decided on March 03, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |

Decided and Entered: March 03, 2026
Before: Webber, J.P., Shulman, Higgitt, Rosado, Hagler, JJ.
Index No. 155385/21|Appeal No. 5986|Case No. 2024-03531|

*[1]Jeffrey Friedman, Plaintiff-Appellant,

Garnet Wines & Liquors Inc., Defendant-Respondent.**

Smith, Gambrell & Russell, LLP, New York (Andrew J. Costigan of counsel), for appellant.

Emre Polat, PLLC, New York (Emre Polat of counsel), for respondent.

Order, Supreme Court, New York County (Verna L. Saunders, J.), entered on or about May 6, 2024, which granted defendant's motion to dismiss plaintiff's defamation claim, unanimously affirmed, with costs.

The court properly dismissed the defamation claim. While the complaint adequately alleged the unauthorized, knowing or reckless publishing of a false statement (see Frechtman v Gutterman, 115 AD3d 102, 104 [1st Dept 2014]), the statement, viewed in its totality, was not defamatory (see Liberman v Gelstein, 80 NY2d 429, 435 [1992]; Geraci v Probst, 15 NY3d 336, 344 [2010]; see also Franklin v Daily Holdings, Inc., 135 AD3d 87, 94 [1st Dept 2015]). Defendant's statement that plaintiff was "lying" was made in the context of a credit card chargeback dispute with plaintiff, who was defendant's customer (see Gross v New York Times Co., 82 NY2d 146, 156 [1993]). The statement, when viewed in this context, and viewed along with the remainder of defendant's written comment to the credit card company, constitutes nonactionable opinion (see Davis v Boeheim, 24 NY3d 262, 270 [2014]; Zervos v Trump, 171 AD3d 110, 128 [1st Dept 2019], appeal dismissed 36 NY3d 1083 [2021]).