Date: 07-07-1999

Case Style: James LoBiondo, Jr. and Denise LoBiondo, Individually and t/a/ D. LoBi Enterprises, Inc. v. Grace Schwartz and Marilyn Kallareou

Case Number: Unknown1/11/00

Judge: Unknown

Court: Superior Court, Law Division, Monmouth County, New Jersey

Plaintiff's Attorney: Michele A. Querques of Giordano, Halleran & Ciesla, Middletown, New Jersey, with Steven M. Berlin, Princeton, New Jersey, and Lynette J. Carhart, Morristown, New Jersey.

Defendant's Attorney: Ira Karasick, Montclair, New Jersey, Frank Askin, Newark, New Jersey, with Joan Pransky, Montclair, New Jersey, and Cathy Cardillo, Hoboken, New Jersey.

Description: Defamation action. Plaintiff bought beach club across the street from defendant Schwartz and proceeded over a five year period to expand the property, physically and functionally, with and without required governmental approvals. Defendants rallied neighbors in protest actions which led to the lawsuit filed in October of 1991. Plaintiffs alleged defamation, intentional invliction of emotional distgress and tortious interference with business and sought both compensatory and punitive damages. Defendants counterclaimed in, among others, malicious prosecution.

Outcome: Litigation took place over five year period ending finally in a March 1996 judgment for the plaintiff. Jury awarded $66,300 for defamation and $30,000 for business interference.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Responding to defendants’ appeal, the Superior Court of New Jersey, Appellate Division, expressed astonishment at the processes of the litigation and its outcome and reversed the judgments entered upon two jury verdicts in their entirety, directed the dismissal of the complaint with prejudice and remanded the case for retrial of the counterclaim of all four defendants. See: 733 A. 2d 516 (N.J.Super A.D.1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.