KOTOK BUILDING v. CHARVINE CO.


183 N.J. Super. 101 (1981)

443 A.2d 260

KOTOK BUILDING, A NEW JERSEY CORPORATION, PLAINTIFF, v. THE CHARVINE COMPANY AND CHARLES CURCIO, DEFENDANTS.

Superior Court of New Jersey, Law Division Cumberland County.

Decided December 17, 1981.


Attorney(s) appearing for the Case

Lars S. Hyberg for plaintiff (Valore, McAllister, Aron & Westmoreland, attorneys).

Joseph P. Testa for defendants (Testa & Testa, attorneys).


EDWARD S. MILLER, J.S.C.

This case presents the question of the degree of particularity with which an action for libel or slander must be pleaded and whether this requirement has been relaxed by our modern practice. It necessarily requires an exploration into the issue of "fact pleading" versus "notice pleading."

The specific question presented is whether plaintiff, defendant in a counterclaim, is entitled to summary judgment on paragraph four of the second...

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