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CAPEZZARO v. WINFREY

153 N.J. Super. 267 (1977)

379 A.2d 493

MICHAEL L. CAPEZZARO, PLAINTIFF-RESPONDENT, v. HENRIETTA WINFREY, CITY OF NEWARK, ANTHONY TROIANO, JOHN M. FARLEY AND JOHN F. GAVARNEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1977.

Attorney(s) appearing for the Case

Mr. William J. Schwartz argued the cause for appellants (Mr. Milton A. Buck, Corporation Counsel of City of Newark, attorney).

Mr. Gerald W. Kolba argued the cause for respondent (Mr. John P. Boll on the brief).

Before Judges LORA, SEIDMAN and MILMED.

PER CURIAM.

This is an appeal from a judgment upon a jury verdict against the City of Newark and certain of its police officers arising out of the return of money seized by the police from a robbery suspect, Henrietta Winfrey, after the indictment against her had been dismissed and notwithstanding that the victim of the alleged robbery, plaintiff Michael Capezzaro, had prior thereto claimed the money was his.

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