ELLISON v. HOUSING AUTHORITY OF CITY OF SOUTH AMBOY


162 N.J. Super. 347 (1978)

392 A.2d 1229

TERESA ELLISON AND ALFRED ELLISON, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. HOUSING AUTHORITY OF THE CITY OF SOUTH AMBOY, B.J. LUCARELLI & CO., INC., AND AMERICAN HOUSE OF ALUMINUM, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1978.


Attorney(s) appearing for the Case

Mr. Christopher R. Wood argued the cause for the appellants (Messrs. Rafano and Wood, attorneys, Mr. Frederick D. Roselli and Mr. Christopher R. Wood on the brief).

Mr. Leonard J. Tafro argued the cause for the respondent, Housing Authority of the City of South Amboy (Messrs. Adams, Adubato, Tafro & Connelly, attorneys).

No appearances for B.J. Lucarelli & Co., Inc. and American House of Aluminum.

Before Judges CONFORD and PRESSLER.


The opinion of the court was rendered by PRESSLER, J.A.D.

This case, arising under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., requires our construction and application of that provision thereof, N.J.S.A. 59:4-6, which accords a public entity plan and design immunity.

Plaintiffs, pursuant to leave granted, appeal from a summary judgment dismissing their complaint against defendant...

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