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WHALEY v. COUNTY OF HUDSON

146 N.J. Super. 76 (1976)

368 A.2d 980

HELEN WHALEY AND DARIUS WHALEY, PLAINTIFFS, v. COUNTY OF HUDSON, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided November 29, 1976.

Attorney(s) appearing for the Case

Mr. Joseph T. Romano for plaintiff (Mr. Jesse Moskowitz, attorney).

Mr. Gerald M. Gorrin for defendant (Messrs. Gorrin & Ironson, attorneys).

BILDER, J.S.C.

This is a motion by the County of Hudson to dismiss a complaint on the ground that the county has immunity under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.

On May 3, 1973, while crossing Communipaw Avenue in the crosswalk at Kennedy Boulevard, plaintiff was injured when she fell in a pothole. Plaintiff alleges the pothole was a dangerous condition of which the county had actual or constructive notice and which resulted...

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