BROTHERS v. HIGHLANDS


178 N.J. Super. 146 (1981)

428 A.2d 528

JENNIFER BROTHERS, ETC., ET AL., PLAINTIFFS-APPELLANTS, v. BOROUGH OF HIGHLANDS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1981.


Attorney(s) appearing for the Case

Martin M. Rudnick argued the cause for appellants (Auerbach, Rudnick, Waldman and Ford, attorneys; Philip G. Auerbach of counsel and on brief).

H. Frank Carpentier argued the cause for respondent (Carton, Nary, Witt & Arvanitis, attorneys).

Before Judges FRITZ, POLOW and JOELSON.


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

The complaint against the municipality in this matter was filed on behalf of an infant who suffered serious burns resulting from the spreading of a fire intentionally set in a privately-owned structure adjoining the cottage in which the infant was sleeping. While the two-count complaint sounds in negligence, it is inordinately difficult to ascertain what it is plaintiffs claim the municipality did which it...

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