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D'ANNUNZIO v. BOROUGH OF WILDWOOD CREST

172 N.J. Super. 85 (1980)

410 A.2d 1180

ANTHONY D'ANNUNZIO AND MARION D'ANNUNZIO, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF WILDWOOD CREST, A MUNICIPAL CORPORATION, AND BEN ROY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, APPELLANTS, v. AMERICAN RESEARCH CORPORATION, SHALCO CHEMICAL CORPORATION AND ANIMAL REPELLENTS, INC., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1980.

Attorney(s) appearing for the Case

Mary J. Maudsley argued the cause for appellants (Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys; Mary J. Maudsley on the brief; Lewis B. April, of counsel).

Thomas J. Vesper argued the cause for respondents (Valore, McAllister, Aron & Westmoreland, attorneys).

Before Judges BISCHOFF, BOTTER and DWYER.

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

Borough of Wildwood Crest, a municipal corporation organized under the laws of the State of New Jersey and Ben Roy employed as dog warden by the borough appeal from the denial of summary judgment as to all but the fifth count of plaintiff's six-count complaint. The first three counts alleged negligence and other grounds for liability of the borough and Roy. The...

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