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KELLER v. COUNTY OF SOMERSET

137 N.J. Super. 1 (1975)

347 A.2d 529

IRMA M. KELLER, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WILLIAM KELLER, DECEASED, AND IRMA M. KELLER, GENERAL ADMINISTRATRIX OF THE ESTATE OF WILLIAM KELLER, A MINOR, DECEASED, PLAINTIFF-RESPONDENT, v. COUNTY OF SOMERSET, DEFENDANT-APPELLANT, AND TOWNSHIP OF FRANKLIN, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Remanded May 30, 1975.

Findings and Conclusions on Remand July 16, 1975.

Letter Memoranda July 29, 31 and August 4, 1975.

Decided October 28, 1975.

Attorney(s) appearing for the Case

Mr. Mark D. Larner argued for appellant (Messrs. Budd, Larner, Kent, Gross, Picillo and Rosenbaum, attorneys; Mr. Mark D. Larner on brief after remand).

Mr. Andrew V. Clark argued for respondent Keller (Messrs. Seaman, Clark, Levine, Addy & DeAlmedia, attorneys; Mr. Andrew V. Clark on brief after remand).

Mr. Thomas T. Chappell argued for defendant Township of Franklin (Messrs. Lamb, Hutchinson, Chappell, Ryan & Hartung, attorneys; Mr. Frank L. Brunetti on brief after remand).

Before Judges KOLOVSKY, LYNCH and ALLCORN.

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

Leave having been granted, defendant County of Somerset (county) appeals from an order of the Law Division denying its motion to dismiss plaintiff's complaint for failure to comply with the notice provision of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. (act.).1 The act requires that a notice of claim be filed with

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