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FIDUCCIA v. SUMMIT HILL CONST. CO., INC.

109 N.J. Super. 249 (1970)

262 A.2d 920

PETER FIDUCCIA AND BARBARA FIDUCCIA, PLAINTIFFS, v. SUMMIT HILL CONSTRUCTION CO., INC., A CORPORATION OF NEW JERSEY AND THE BOROUGH OF ROSELAND, DEFENDANTS.

Superior Court of New Jersey, District Court Essex County.

Decided March 4, 1970.

Attorney(s) appearing for the Case

Mr. Francis W. Donahue appeared for plaintiffs (Messrs. Rubin, Dolgoff & Sussman, attorneys).

Mr. Norman A. Doyle appeared for defendants (Mr. Thomas E. Durkin, attorney).

YANOFF, J.D.C.

The problem raised on this motion to dismiss count II of the complaint for failure to state a claim upon which relief can be granted pursuant to R. 4:6-2(a) and 6:3-1 is whether, as a matter of law, a municipality may be held liable to a landowner for negligence in granting a certificate of occupancy.

The background facts are that defendant Summit Hill Construction Co., Inc. built a home for...

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