The New York publisher of Forbes magazine is being sued by an Irish businessman for alleged defamation of character.
Mr Justice Garrett Sheehan yesterday granted Richard Donovan, owner of Polar Running Adventures, the company that organises the annual North Pole marathon, leave to serve legal proceedings on Forbes Incorporate at its offices in Forbes Building, 65th Avenue, New York.
Michael Conlon, counsel for the first man to run a marathon on all seven continents and at the north and south poles, told the court it was Mr Donovan's claim that he had been seriously defamed in an article in Forbes magazine in July 2006.
Mr Conlon, who appeared with John Kerr, said the Forbes company had failed to give an undertaking not to repeat the alleged defamation and he was seeking leave to serve a summons outside of the jurisdiction.
He said Eason and Sons and John Menzies plc were included on the summons as joint defendants in the action.
Mr Conlon said Mr Donovan was a successful Irish businessman and the owner of Polar Running Adventures, a company that organised the annual North Pole marathon which, since its establishment in 2002, had brought international recognition to Mr Donovan particularly within the UK and the US.
Mr Donovan, in an affidavit, said an article headlined "Run in the midnight sun" in Forbes had contained a number of unfounded defamatory allegations in respect of the organisation and running of the event, in particular questioning safety measures taken by the organisers.
Mr Donovan alleges the allegations seriously undermine his commercial and personal reputation.
The judge granted him three weeks to serve the summons on Forbes Incorporate and allowed the defendants six weeks thereafter to enter an appearance in the case.