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CALTAVUTURO v. PASSAIC

124 N.J. Super. 361 (1973)

307 A.2d 114

SALVATORE CALTAVUTURO, AN INFANT BY HIS GUARDIAN AD LITEM, CATENO CALTAVUTURO AND CATENO CALTAVUTURO, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CITY OF PASSAIC, A MUNICIPAL CORPORATION, BOARD OF EDUCATION OF THE CITY OF PASSAIC, A BODY POLITIC AND CORPORATE, AND SEYMOUR PUCKOWITZ, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1973.

Attorney(s) appearing for the Case

Mr. Daniel Crystal argued the cause for appellants (Messrs. Cohn & Lifland, attorneys).

Mr. David L. Ploshnick argued the cause for respondents Board of Education of the City of Passaic and Seymour Puckowitz (Mr. Samuel A. Gennet, attorney).

Mr. William G. Scott argued the cause for respondent City of Passaic (Messrs. Lieb, Teich, & Berlin, attorneys).

Before Judges LEONARD, HALPERN and RIZZI.

The opinion of the court was delivered by LEONARD, J.A.D.

This is an action in negligence to recover damages for injuries sustained by infant plaintiff Salvatore Caltavuturo when he stepped through a large hole in a rusted chain-link fence partially surrounding Passaic public school 11, which he attended.

Suit was originally brought by Salvatore through his father Cateno as guardian ad litem and by his father individually against the City of Passaic...

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