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Lone v. Brown

199 N.J. Super. 420 (App. Div. 1985)
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Lone v. Brown

47 Citing cases

  1. Peters Well Drilling Co. v. Hanzula

    242 N.J. Super. 16 (App. Div. 1990)   Cited 11 times
    Incorporating the test of injurious falsehood as set forth in § 623 A

    The tort of slander of title has been defined in New Jersey as "a publication of a false assertion concerning plaintiff's title, causing plaintiff special damages." Lone v. Brown, 199 N.J. Super. 420, 426, 489 A.2d 1192 (App.Div. 1985). Defendant must also have acted out of malice — either express or implied.

  2. Brown v. Brown

    470 N.J. Super. 457 (App. Div. 2022)   Cited 11 times   1 Legal Analyses
    In Brown, the Appellate Division wrote that the litigation privilege “does not protect a litigant from a subsequent suit seeking redress for injuries caused by an adversary's very act of commencing and prosecuting the earlier suit if that suit was frivolous, vexatious or tortious.” 269 A.3d at 463-64.

    Div. 1988). We additionally note that the trial judge gave considerable thought to our decision in Lone v. Brown, 199 N.J. Super. 420, 489 A.2d 1192 (App. Div. 1985), which has also been discussed at length by both parties in their appellate submissions. That action had its genesis in Brown's contract to buy Lone's Boonton Township home.

  3. Pond Place Partners v. Poole

    351 S.C. 1 (S.C. Ct. App. 2002)   Cited 71 times   2 Legal Analyses
    Holding that when reviewing the denial of a motion for a directed verdict, this court views the evidence and all reasonable inferences in the light most favorable to the nonmoving party

    Id. at cmt. a, quoted in Lone v. Brown, 489 A.2d 1192, 1195 (N.J.Super.Ct. App. Div. 1985). The Supreme Court of Rhode Island explained the history of the action slander of title in its state:

  4. Kraft v. Wells Fargo & Co.

    Civil Action No. 3:16-cv-05729-BRM-LHG (D.N.J. Jul. 31, 2019)   Cited 1 times

    New Jersey courts define "the tort of slander of title as a publication of a false assertation concerning plaintiff's title, causing special damages." Lone v. Brown, 489 A.2d 1192, 1195 (N.J. App. Div. 1985) (citing Andrew v. Deshler, 45 N.J.L. 167, 169-172 (E. & A. 1883)). "Malice, expressed or implied, is an essential element of the cause of action for slander of title."

  5. Stewart Title Guar. v. Greenlands Realty, L.L.C.

    58 F. Supp. 2d 370 (D.N.J. 1999)   Cited 32 times
    Holding that "defects" can be so minimal or trivial that they do not even rise to the level of a "defect" that renders title unmarketable

    "[T]he tort of slander of title requires a plaintiff to establish that defendant falsely published an assertion concerning plaintiff's title which caused special damages to the plaintiff and that defendant acted out of malice, which was express or implied." Lone v. Brown, 199 N.J. Super. 420, 426, 489 A.2d 1192 (1985); cf. Lithuanian Commerce Corp. v. Sara Lee, 47 F. Supp.2d 523, 537 (D.N.J. 1999) (Orlofsky, J.) (holding that the elements of trade libel, which has the same elements as slander of title, are: "1) publication 2) with malice 3) of false allegations concerning its property, product or business, and 4) special damages, i.e., pecuniary harm") (quoting Juliano v. ITT Corp., Civ. No. 90-1575, 1991 WL 10023, *4 (D.N.J. Jan.22, 1991) (Fisher, J.) (citing System Operations v. Scientific Games Dev. Corp., 555 F.2d 1131, 1140 (3d Cir. 1977))). "Malice is defined as the intentional commission of a wrongful act without just cause or excuse."

  6. Ballard v. 1400 Willow Council of Co-Owners, Inc.

    430 S.W.3d 229 (Ky. 2014)   Cited 36 times

    Id. at cmt. a, quoted in Lone v. Brown, 199 N.J.Super. 420, 489 A.2d 1192, 1195 (App.Div.1985). Based on the preceding, we conclude that slander of title is not a sub-category of slander, which is a personal injury action.

  7. Ballard v. 1400 Willow Council of Co-Owners, Inc.

    2010-SC-000533-DG (Ky. Nov. 21, 2013)   Cited 1 times

    Id. at cmt. a, quoted in Lone v. Brown, 199 N.J.Super. 420, 489 A.2d 1192, 1195 (App.Div. 1985).Based on the preceding, we conclude that slander of title is not a sub-category of slander, which is a personal injury action.

  8. Kelly v. Tancevski

    No. A-2452-22 (App. Div. Feb. 5, 2025)

    To establish the tort of slander of title, the Tancevskis are required to establish the Kellys "falsely published an assertion concerning . . . title"; "which caused special damages "; and that the Kellys "acted out of malice, which was express or implied." Lone v. Brown, 199 N.J.Super. 420, 426 (App. Div. 1985).

  9. Reuther v. TKF Prop. Mgmt. & Constr. Servs.

    No. MON-L-1620-24 (N.J. Super. Oct. 25, 2024)

    "Generally, slander of title is defined as a false and malicious statement made in disparagement of a person's title to real or personal property, causing injury." Lone v. Brown, 199 N.J.Super. 420, 425 (App. Div. 1985) (citations omitted)

  10. Kowalsky v. Deutsche Bank Nat'l Tr. Co.

    Civil Action No.: 14-07856 (CCC)(JBC) (D.N.J. Sep. 30, 2015)   Cited 17 times

    To state a claim for slander of title under New Jersey law, a plaintiff must allege (1) a communication that falsely casts doubt on the validity of his title (2) reasonably calculated to cause harm that (3) results in damages. Lone v. Brown, 199 N.J. Super. 420, 426, 489 A.2d 1192, 1195-96 (App. Div. 1985).