BURKE v. DEINER


97 N.J. 465 (1984)

479 A.2d 393

FREDERICK R. BURKE, PLAINTIFF-RESPONDENT, v. JOHN J. DEINER, WARREN GLASER AND GEORGE BUONO, DEFENDANTS-APPELLANTS, AND ROSENTHAL AND ATTINGER, CERTIFIED PUBLIC ACCOUNTANTS, AND JAMES J. WINTERS, EDWARD REESE, HERBERT FENROW, ISADORE ATTINGER, INDIVIDUALLY AND AS EMPLOYEES OF ROSENTHAL AND ATTINGER, DEFENDANTS.

The Supreme Court of New Jersey.

Decided August 2, 1984.


Attorney(s) appearing for the Case

Joseph J. Benedict argued the cause for appellants (Benedict & Altman, attorneys; Harold P. Braff, of counsel).

Joseph R. Bulman argued the cause for respondent (Arthur W. Burgess, attorney).


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

The central issue in this appeal is whether municipal authority members have a qualified or an absolute privilege with respect to an allegedly defamatory resolution discharging the authority's executive director. We hold the privilege is a qualified one but find that the privilege has not been lost here since the record will not sustain a finding by clear and convincing proof that the authority members knew or had...

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