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WUETHRICH v. DELIA

134 N.J. Super. 400 (1975)

341 A.2d 365

BETTY WUETHRICH, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF JOHN WUETHRICH, DECEASED, PLAINTIFF, v. JOHN DELIA AND TOWNSHIP OF BERKELEY HEIGHTS, A MUNICIPAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Mr. Francis H. Scalessa, attorney for plaintiff (John Anthony Lombardi, attorney).

Mr. Francis J. Beyrent, attorney for defendant Township of Berkeley Heights (Schenck, Price, Smith & King, attorneys).

Mr. Robert C. Thelander, attorney for defendant John Delia (Mantel & Thelander, attorneys).

DREIER, J.D.C., Temporarily Assigned.

Defendant Township of Berkeley Heights has moved for judgment seeking dismissal of plaintiff's complaint as to it for failure to state a claim upon which relief can be granted.

Although some of the allegations in the complaint are disputed by both defendants, for purposes of this motion we must take them as true and accord the benefit of all favorable inferences to plaintiff. Plaintiff alleges: On several occasions during...

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