Judge Dismisses Defamation Suit Against Political Critic in Upper Township

Upper Township, N.J. — A defamation lawsuit filed by former township administrator Gary DeMarzo has been dismissed against a local political activist, though the case remains active against two sitting Township Committee members. A Superior Court judge ruled that the claim against Barbara Murphy-Leary lacked merit under New Jersey’s recently enacted Anti-SLAPP law. The court also ordered DeMarzo to pay more than $6,400 in legal fees and costs incurred by Murphy-Leary. DeMarzo filed the suit in December 2024, naming Committeeman Zach Palombo, Committeeman Sam Palombo, and Murphy-Leary as defendants. He alleged that campaign fliers and posts on a local political Facebook page made false and defamatory statements about the legality of his hiring in 2022.
The Anti-SLAPP statute, passed in 2023, protects individuals from lawsuits aimed at stifling free speech on matters of public concern. The court found that DeMarzo failed to identify any specific defamatory statements made by Murphy-Leary and did not demonstrate the required level of malice needed in cases involving public figures. Rather than argue against the motion to dismiss, DeMarzo voluntarily withdrew his claims against Murphy-Leary with prejudice, prompting the court to rule in her favor and award attorney fees. The defamation suit continues against the two committee members named in the original complaint.