DAIRY STORES, INC. v. SENTINEL PUB. CO., INC.


191 N.J. Super. 202 (1983)

465 A.2d 953

DAIRY STORES, INC., T/A KRAUSZER'S FOOD STORES, PLAINTIFF, v. SENTINEL PUBLISHING CO., INC., PATERSON CLINICAL LABORATORY, INC., AND KATHLEEN DZIELAK, DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

July 21, 1983.


Attorney(s) appearing for the Case

Jay J. Rice, appearing for plaintiff (Ravin, Davis & Sweet, attorneys).

Douglas G. Sanborn, appearing for defendants, Sentinel and Dzielak (Jamieson, McCardell, Moore, Peskin & Spicer, attorneys).

Norbert T. Knapp, appearing for defendant, Paterson Clinical Laboratory, Inc. (Luongo & Catlett and Robert J. Lecky, attorneys).


SKILLMAN, J.S.C.

This defamation action raises substantial issues concerning the applicability of the "actual malice" standard of liability of New York Times v. Sullivan to the publisher of a derogatory newspaper article about a commercial product and to the laboratory which tested the product and provided the derogatory information.

The alleged defamatory statements were contained in three articles published in two central New Jersey newspapers called...

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