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TOWER MARINE, INC. v. CITY OF NEW BRUNSWICK

175 N.J. Super. 526 (1980)

420 A.2d 1029

TOWER MARINE, INC., PLAINTIFF, v. CITY OF NEW BRUNSWICK, A MUNICIPAL CORPORATION, ROBERT KANE, INDIVIDUALLY AND AS CITY ENGINEER, AND BESS WEISENFELD, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided August 5, 1980.

Attorney(s) appearing for the Case

Donald R. Taggart, Sr. for plaintiff (Taggart & Taggart, attorneys).

Joel N. Werbel for defendants (Methfessel & Werbel, attorneys).

FURMAN, J.S.C.

At issue on motion for judgment notwithstanding the verdict, R. 4:40-2, is whether the governmental-proprietary distinction in municipal tort liability survives the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. That issue is critical because the amended complaint joining the City of New Brunswick as party defendant was filed two years and eight days after the accrual of the claim for damage to plaintiff's boat basin and boat...

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