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30 RIVER COURT v. CAPOGRASSO

892 A.2d 711 (2006)

383 N.J. Super. 470

30 RIVER COURT EAST URBAN RENEWAL COMPANY and Lefrak Organization, Inc., Plaintiffs-Respondents, v. Eleanor CAPOGRASSO, Defendant-Appellant. Eleanor CAPOGRASSO, Plaintiff-Appellant, v. 30 River Court East Urban Renewal Company, Lefrak Organization, Inc., City of Jersey City, Jersey Department of Community Affairs, Michael Reegan, Walter Kreher and William Connolly, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 2006.

Attorney(s) appearing for the Case

Eleanor Capograsso, appellant, argued the cause pro se.

Marianne C. Tolomeo, Newark, argued the cause for respondents 30 River Court East Urban Renewal Company and Lefrak Organization, Inc. (Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, attorneys; Sheldon M. Finkelstein, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause for respondents New Jersey Department of Community Affairs, William M. Connolly, (Zulima V. Farber, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Jordan, on the brief).

Carmine J. Scarpa, Assistant Corporation Counsel, attorney for respondents City of Jersey City and Michael Reegan, joins in the brief of respondents 30 River Court East Urban Renewal Company and Lefrak Organization, Inc.

Before Judges COBURN, COLLESTER and S.L. REISNER.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

In this case, we are called upon to decided whether a tenant's complaints about her landlord, when made to the concierge of her apartment building, can form the basis for a defamation claim by the landlord. We hold that they cannot.

The more precise questions posed are (a) whether making the statements to the landlord's employee constituted publication...

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