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CANINO v. NEW YORK NEWS, INC.

96 N.J. 189 (1984)

475 A.2d 528

JAMES M. CANINO, AND KATHLEEN RAPHAEL, EXECUTRIX OF THE ESTATE OF ALVIN RAPHAEL, PLAINTIFFS-RESPONDENTS, v. NEW YORK NEWS, INC. AND DAVID HARDY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 29, 1984.

Attorney(s) appearing for the Case

Louis L. D'Arminio argued the cause for appellant New York News, Inc. (Breslin, Herten & LePore, attorneys).

Kevin R. Gardner argued the cause for appellant David Hardy (Connell, Foley & Geiser, attorneys).

Warren J. Kaps argued the cause for respondents (Kaps & Stern, attorneys; Anthony P. Pasquarelli, on the briefs).

Peter G. Banta argued the cause for amicus curiae Time Inc. (Winne, Banta & Rizzi, attorneys).

The opinion of the court was delivered by O'HERN, J.

We granted this appeal to consider whether an action for libel survives the death of the defamed party. We agree with the two lower courts that the action survives and affirm.

On Sunday, October 21, 1979, the New York Daily News published an article written by its reporter David Hardy, entitled "Report corruption in housing agency." The article reported that reputed...

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