CHRIS G. ALEVRAS VS. JAMES BARLETTI (DC-004459-17, MORRIS COUNTY AND STATEWIDE) ( 2018 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0956-17T2
CHRIS G. ALEVRAS,
Plaintiff-Appellant,
v.
JAMES BARLETTI, individually, and
GOLD, ALBANESE, BARLETTI &
LOCASCIO, LLC,
Defendants-Respondents.
________________________________
Submitted September 13, 2018 – Decided October 29, 2018
Before Judges Simonelli and DeAlmeida.
On appeal from Superior Court of New Jersey, Law
Division, Morris County, Docket DC-004459-17.
Chris G. Alevras, appellant pro se.
Respondents have not filed briefs.
PER CURIAM
Plaintiff Chris G. Alevras appeals from the September 8, 2017 order of
the Special Civil Part dismissing his complaint for failure to state a claim upon
which relief can be granted. We affirm.
Alevras is a paralegal. Although he has a law degree, he is not admitted
to practice law in New Jersey. Audwin Levasseur, Esq. retained Alevras as a
contract paralegal to assist with Levasseur's representation of a client in a matter
then pending in the Law Division. Defendant James Barletti, a partner in
defendant law firm Gold, Albanese, Barletti & Locascio, LLC, represented the
parties sued by Levasseur's client in that matter.
On May 8, 2017, Barletti submitted a letter in opposition to a motion filed
on behalf of Levasseur's client. In addition to referring to the motion as baseless,
Barletti wrote, "[i]mportantly, I must note that it is apparent to me that it is
plaintiff's paralegal, Chris Alevras, who is a convicted felon and a pathological
liar, that is filing these motions."
On June 14, 2017, Alevras filed a complaint in the Special Civil Part
against defendants, alleging defamation based on the May 8, 2017 letter.
Alevras alleged that Barletti's characterization of him as "a pathological liar"
was false. In addition, Alevras alleged that in his letter Barletti implied Alevras
had engaged in and was committing numerous criminal
offenses during and in relation to the civil case
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including but not limited to engaging in the
unauthorized practice of law, forging the signature of
Mr. Levasseur without the knowledge or authorization
of Mr. Levasseur, impersonating and appropriating the
identity of Mr. Levasseur and filing pleadings without
the knowledge or authorization of Mr. Levasseur.
On September 8, 2017, the trial court granted defendants' motion to
dismiss the complaint pursuant to Rule 4:6-2(e) for failure to state a claim upon
which relief can be granted. In his written statement of reasons, Judge Philip J.
Maenza held that defendants were absolutely immune from a defamation claim
under the litigation privilege. See Hawkins v. Harris, 141 N.J. 207, 216 (1995);
Hill v. N.J. Dep't of Corr. Comm'r Fauver, 342 N.J. Super. 273, 294-95 (App.
Div. 2001). The judge concluded that the statements in Barletti's May 8, 2017
letter were made in a judicial proceeding, by a person authorized to make those
statements, to achieve the objectives of the litigation, and had some connection
or logical relation to the underlying action. This appeal followed.
We have considered Alevras' arguments in light of the record and
applicable legal principles and conclude they are without sufficient merit to
warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We affirm
substantially for the reasons expressed in Judge Maenza's cogent written
opinion.
Affirmed.
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