MOYA v. NEW BRUNSWICK


90 N.J. 491 (1982)

448 A.2d 999

EUDE MOYA, BENEDICT & ORBAN, ESQUIRES, BENEDICT, ORBAN & ALTMAN, ESQUIRES, AND BENEDICT & ALTMAN ESQUIRES, PLAINTIFFS-RESPONDENTS, v. CITY OF NEW BRUNSWICK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 10, 1982.


Attorney(s) appearing for the Case

James M. Cahill, Assistant City Attorney, argued the cause for appellant (Gilbert L. Nelson, City Attorney, attorney).

Joseph J. Benedict argued the cause for respondents (Benedict and Altman, attorneys).


The judgment of the Court was delivered by WILENTZ, C.J.

This case presents the question of whether a police officer is entitled to reimbursement from a municipality for legal expenses incurred in successfully defending himself against criminal charges. See Valerius v. Newark, 84 N.J. 591 (1980). We hold that even though the charges did not arise from the performance of his duty, but rather from his status as a police officer...

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