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FORTENBAUGH v. NEW JERSEY PRESS

722 A.2d 568 (1999)

317 N.J. Super. 439

William W. FORTENBAUGH, Plaintiff-Appellant, v. NEW JERSEY PRESS, INC., and Morton R. Rabinowitz, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 1999.

Attorney(s) appearing for the Case

George W.C. McCarter, Shrewsbury, for plaintiff-appellant (McCarter & Higgins, attorneys; Mr. McCarter, on the brief).

Thomas J. Cafferty, Somerset, for defendant-respondent New Jersey Press, Inc. (McGimpsey & Cafferty, attorneys; Mr. Cafferty and Arlene M. Turinchak, on the brief).

Leon Friedman of the New York bar, admitted pro hac vice, for defendant-respondent Morton R. Rabinowitz (Ball Livingston and Mr. Friedman, attorneys; Stuart S. Ball, Nutley, of counsel and on the brief).

Before Judges KING, WALLACE and NEWMAN.

The opinion of the court was delivered by KING, P.J.A.D.

I

In an "op-ed" column in the "Homes News & Tribune" Morton R. Rabinowitz stated that in an unidentified court proceeding documents revealed plaintiff, William P. Fortenbaugh, a Rutgers professor, had been accused of masturbating at a faculty meeting. Fortenbaugh brought this suit for defamation. He conceded that...

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