DeVIVO v. ASCHER


221 N.J. Super. 28 (1987)

533 A.2d 412

EILEEN DE VIVO, PLAINTIFF, v. MICHAEL ASCHER, JOHN DOE I (A FICTITIOUS NAME), JOHN DOE II (A FICTITIOUS NAME), JANE DOE I (A FICTITIOUS NAME), AND JANE DOE II, (A FICTITIOUS NAME), DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided July 17, 1987.


Attorney(s) appearing for the Case

James A. Mella, Esquire for plaintiff DeVivo (Weiseman, Sherman & Mella, attorneys)

Stephen L. Hopkins, Esquire for defendant Ascher (Frederick W. Stevens, attorney)


ARNOLD, P.J.Cv.

In this libel action plaintiff alleges that the defendant, a lawyer, defamed her when he wrote a letter to counsel for a third party, Johnson & Johnson, and accused plaintiff of "skimming" funds from a Johnson & Johnson account. The defendant has moved for summary judgment arguing that the letter was written in the course of judicial proceedings so that defendant enjoys an absolute privilege. The motion raises the novel issue of whether a letter...

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