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MALLOY v. STATE

148 N.J. Super. 15 (1977)

371 A.2d 806

JOSEPH MALLOY, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1977.

Attorney(s) appearing for the Case

Mr. Michael F. Chazkel, Attorney for appellant.

Mr. William F. Hyland, Attorney General, attorney for respondent. (Mrs. Erminie Conley, Deputy Attorney General, of counsel; Mr. George W. Fisher, Deputy Attorney General, on the brief.)

Before Judges BISCHOFF, MORGAN and RIZZI.

RIZZI, J.S.C., Temporarily Assigned.

The issue generated by this appeal is whether the State of New Jersey is immune from suit in a tort action in a case where an employee erroneously informed an applicant for a real estate salesman's license that he had failed the test.

On May 17, 1973 plaintiff took an examination for licensing as a real estate salesman under the direction of the New Jersey Real Estate Commission, as required by N.J.S.A. 45:15-10...

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