Swede v. Passaic Daily News

The opinion of the court was delivered by

Schettino, J.

Plaintiffs appeal from a final judgment of the Superior Court, Law Division, dismissing plaintiffs’ complaint for libel against defendant, The Passaic Daily News, and from an order denying plaintiffs’ motion for a new trial and to set aside the dismissal of the complaint. This defendant’s motion was made after plaintiffs rested, having submitted evidence only on the issue of liability; R. R. 4:42-2(&). The complaint against defendant Fitzgerald was later dismissed by consent and with prejudice. While the appeal to the Appellate Division…