The founder of the popular “518 Foodies” Facebook group has secured a major legal victory in her ongoing battle against the owners of Latham’s Taste of Italy. In a decisive 13-page ruling, State Supreme Court Justice Peter Lynch denied a motion to dismiss the lawsuit, which alleges defamation, product disparagement, and civil assault. The court’s narrative underscored the severity of the claims, with the judge notably emphasizing that the allegations supported an “apprehension of imminent harm” following a series of aggressive social media attacks and threatening phone calls.
The dispute began after a negative restaurant review escalated into a viral campaign of harassment. Frank Cappello is accused of spreading false claims that the plaintiff was six months behind on rent – statements the court found could be disproven by facts rather than protected as mere opinion. These attacks resulted in a reported 90% loss of the plaintiff’s marketing business. Simultaneously, the court refused to dismiss the civil assault claim against Alyssa Cappello, reaffirming that intentional threats of violence that place a person in fear for their safety – as alleged in a recorded phone call – will not be ignored by the New York legal system.
Trevor Telisky is dedicated to protecting the reputations and safety of local business owners in an increasingly volatile digital landscape. This ruling sends a clear message: social media is not a lawless space where one can destroy a competitor’s business with impunity. If your business or reputation has been targeted by defamatory attacks or physical threats, you deserve a legal advocate who knows how to hold these parties accountable. Contact us today for a consultation on your case.