STRAUSS v. STATE


131 N.J. Super. 571 (1974)

330 A.2d 646

WALTER STRAUSS, PLAINTIFF, v. STATE OF NEW JERSEY AND FREDERICK CORDES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 20, 1974.


Attorney(s) appearing for the Case

Mr. Melvin R. Solomon for plaintiff (Mr. Ned J. Parsekian, attorney).

Mr. Lawrence G. Moncher, Deputy Attorney General for defendants (Mr. William F. Hyland, Attorney General of New Jersey, attorney).


DALTON, J.S.C.

This matter comes on before this court on motion of defendant State of New Jersey to dismiss the first count of the amended complaint filed on the grounds of sovereign immunity, and as barred by New Jersey statute N.J.S.A. 52:4A-1. The motion as filed concerns itself with threshold immunity, namely, whether under the facts of this case plaintiff may even file a complaint against defendant State of New Jersey.

The factual history leading...

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