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APERUTA v. PIRRELLO

886 A.2d 1081 (2005)

381 N.J. Super. 449

Imma APERUTA, Plaintiff, v. Louis PIRRELLO, Defendant-Respondent, Township of Morris, Defendant-Appellant, Police Department of the Township of Morris, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 2005.

Attorney(s) appearing for the Case

John M. Mills III, Morristown, argued the cause for appellant (Mills & Mills, attorneys; Mr. Mills, on the brief).

Stephen S. Weinstein argued the cause for respondent (Mr. Weinstein, attorney; Gail S. Boertzel, Morristown, on the brief).

Before Judges WEISSBARD, WINKELSTEIN and FRANCIS.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

Defendant, Louis Pirrello, was a Morris Township Police Officer. Plaintiff, Imma Aperuta, sued him and the Township for defamation after he told a third party that plaintiff may have AIDS. Plaintiff alleged, among other things, that Pirrello was acting in the course of his employment at the time he made the statement. The Township declined to provide Pirrello with a defense to plaintiff's complaint...

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