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ABELLA v. BARRINGER RESOURCES INC.

260 N.J. Super. 92 (1992)

615 A.2d 288

FRANK J. ABELLA, INDIVIDUALLY AND INVESTMENT PARTNERS OF AMERICA, A LIMITED PARTNERSHIP OF NEW JERSEY, PLAINTIFFS v. BARRINGER RESOURCES, INC., A DELAWARE CORPORATION; PHILIP ENVIRONMENTAL, INC., A CANADIAN CORPORATION; BDO SEIDMAN, A PARTNERSHIP, ANTHONY BARRINGER, STANLEY S. BINDER, AUSTIN MARXE, AL BARBARA, FRANK J. PEARLMAN, ROBERT J. ARMSTRONG, DANIEL R. BERESKIN, JOHN J. HARTE AND JOHN DOES, ONE THROUGH TEN, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division General Equity Union County.

Decided June 26, 1992.

Attorney(s) appearing for the Case

Lawrence G. Goodman for plaintiff (Goodman and Fox, attorneys.)

Frederick J. Dennehy, for defendants (Wilentz, Goldman and Spitzer, attorneys.)

BOYLE, P.J.Ch.

This motion focuses on the novel issue of whether an independent auditor should be held liable for defamation for failing to redact from an audited report an allegedly defamatory statement written by the corporation.

Plaintiffs, Frank J. Abella ("Abella") and Investment Partners of America, instituted this action primarily against Barringer Resources, Inc. ("the Company") and several of its officers and directors. Plaintiffs' complaint principally...

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