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MANCA v. BOROUGH OF HOPATCONG

157 N.J. Super. 67 (1978)

384 A.2d 543

MARY MANCA AND MICHAEL J. MANCA, SR., HER HUSBAND, PLAINTIFFS-APPELLANTS, v. BOROUGH OF HOPATCONG, IN SUSSEX COUNTY, A MUNICIPAL CORPORATION, AND COUNTY OF SUSSEX IN THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1978.

Attorney(s) appearing for the Case

Mr. Leonard Adler argued the cause for appellants.

Mr. Richard L. Wade argued the cause for respondent Borough of Hopatcong.

Mr. Robert T. Morgenstern argued the cause for respondent County of Sussex (Messrs. Dolan and Dolan, attorneys).

Before Judges HALPERN, LARNER and KING.

The opinion of the court was delivered by LARNER, J.A.D.

Plaintiffs appeal from summary judgments entered in favor of both defendants. The propriety of this determination rests upon the construction of immunity provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.) and their application to the facts developed in the proofs submitted in conjunction with the motions.

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