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G.D. v. KENNY

No. A-3005-08T3.

984 A.2d 921 (2009)

411 N.J. Super. 176

G.D., Plaintiff/Respondent/Cross-Appellant, v. Bernard KENNY and the Hudson County Democratic Organization, Inc., Defendants/Appellants/Cross-Respondents. G.D., Plaintiff/Respondent/Cross-Appellant, v. Craig Guy; Harold E. Demellier, Jr., a/k/a Bud Demellier; Raul Garcia, a/k/a Rudy Garcia; Nicole Harrisongarcia, Defendants/Appellants/Cross-Respondents, and Neighborhood Research Corp., d/b/a Mountaintop Media; Richard K. Shaftan, a/k/a Rick Shaftan; Careyann Shaftan, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 2009.

Attorney(s) appearing for the Case

McManimon & Scotland, L.L.C., Newark, attorneys for appellants/cross-respondents Bernard Kenny, The Hudson County Democratic Organization, Inc., Craig Guy, Harold E. Demellier, Raul Garcia and Nicole Harrison-Garcia (William W. Northgrave and Jaime R. Placek, on the brief).

Cohn Lifland Pearlman Herrmann & Knopf, L.L.P., attorneys for respondent/cross-appellant G.D. (Charles R. Cohen and Alex Pisarevsky, Saddle Brook, on the brief).

Michael Patrick Carroll, Morristown, attorney for respondents Neighborhood Research Corp., Richard K. Shaftan, and CareyAnn Shaftan, who rely on the briefs of appellants/cross-respondents Bernard Kenny, The Hudson County Democratic Organization, Inc., Craig Guy, Harold Demellier, Raul Garcia and Nicole Harrison-Garcia.

Before Judges WEFING, GRALL and LeWINN.

The opinion of the court was delivered by

WEFING, P.J.A.D.

In this appeal, we are called upon to consider whether defendants, sued for libel for preparing and circulating political flyers referring to plaintiff's criminal history, may assert truth as a defense when plaintiff's conviction has been expunged in accordance with N.J.S.A. 2C:52-1 to -32. We conclude that defendants may assert the defense of truth...

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