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HENRY V. VACCARO CONSTR. CO. v. A.J. DePACE, INC.

137 N.J. Super. 512 (1975)

349 A.2d 570

HENRY V. VACCARO CONSTRUCTION CO., PLAINTIFF, v. A.J. DePACE, INC., ANTHONY J. DePACE, INDIVIDUALLY, VAN HOUTEN ASSOCIATES, A CORPORATE BODY AND HENRY DiMATTEO, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 26, 1975.

Attorney(s) appearing for the Case

Mr. Peter B. Shaw for plaintiff Henry V. Vaccaro Construction Co. (Mr. Charles Frankel, attorney).

Mr. Michael J. Stone for defendants A.J. DePace, Inc., Anthony J. DePace, individually, and Henry DiMatteo (Messrs. Ryan, Saros, Davis and Stone, attorneys).

Mr. H. Frank Carpentier for defendants Van Houten Associates, a corporate body, (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

PATRICK J. McGANN, JR., J.S.C.

This is a motion by all defendants to dismiss count 7 of the complaint which charges trade libel, on the ground that it fails to state a cause of action upon which relief can be granted.

Defendants contend that the face of the complaint reveals that the statutory period of limitations (N.J.S.A. 2A:14-3) had expired before the complaint was filed. That statute was not pleaded as an affirmative defense.

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