TERRY v. HARRIS


175 N.J. Super. 482 (1980)

420 A.2d 353

LEE TERRY, AN INFANT BY HIS GUARDIAN AD LITEM FRANCINE TERRY, ETC., PLAINTIFFS, v. BEATRICE HARRIS ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided July 18, 1980.


Attorney(s) appearing for the Case

Joseph Maran for plaintiffs (Zarin and Maran, attorneys).

John F. Monica for the Essex County Division of Welfare (David H. Ben-Asher, Essex County Counsel, attorney).


Civil action

VILLANUEVA, J.S.C.

The issues involved herein are (1) whether a county welfare board can recover welfare payments from proceeds of a tort claim judgment when the recipient failed to disclose the existence of such pending lawsuit and (2) whether a regulation in the New Jersey Administrative Code purporting to authorize such action for recovery is effective when the statute regarding agreements to repay does not provide for such a remedy.

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