LAMEIRO v. WEST NEW YORK BD. OF ED.


136 N.J. Super. 585 (1975)

347 A.2d 377

JOSE LAMEIRO, AN INFANT BY HIS GUARDIAN AD LITEM, JOSE LAMEIRO AND JOSE LAMEIRO, INDIVIDUALLY, PLAINTIFFS, v. WEST NEW YORK BOARD OF EDUCATION, ANTHONY LODERBOLE AND MARK ROGICH, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 17, 1975.


Attorney(s) appearing for the Case

Mr. Louis J. Santore for plaintiffs.

Ms. Linda A. Palazzolo for defendants West New York Board of Education and Anthony Loderbole (Messrs. McElroy, Connell, Foley & Geiser, attorneys).

Mr. John R. Lanza for defendant Mark Rogich (Mr. Robert J. Casulli, attorney).


BILDER, J.S.C.

This is a motion by a school board to dismiss a claim by a student for failure to comply with the notice provisions of the New Jersey Tort Claims Act and to dismiss a cross-claim by an alleged employee for indemnity on the ground that the indemnity provision of the Education Law relied on by the cross-claimant has been repealed by the New Jersey Tort Claims Act.

On April 10, 1974 the infant plaintiff...

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