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SHORE v. HOUSING AUTHORITY OF HARRISON

208 N.J. Super. 348 (1986)

506 A.2d 16

FLORENCE SHORE, PLAINTIFF-APPELLANT, v. HOUSING AUTHORITY OF HARRISON AND MICHAEL HENRY, DEFENDANTS-RESPONDENTS, AND VINCENT DOFFANT, CHARLES COE, A FICTITIOUS NAME, PRESENT NAME UNKNOWN, JACK ROE, A FICTITIOUS NAME, PRESENT NAME UNKNOWN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Christopher A. Ferrara argued the cause for appellant (Peter C. Vitanzo, attorney; Christopher A. Ferrara on the letter briefs).

Michael J. McCaffrey argued the cause for respondent Housing Authority of Harrison (Kunzman, Coley, Yospin & Bernstein, attorneys; Michael J. McCaffrey on the letter brief).

Patricia K. Costello argued the cause for respondent Michael Henry (McAlevy & Costello, attorneys; Patricia K. Costello on the letter brief).

Before Judges BRODY, GAYNOR and BAIME.

The opinion of the court was rendered by GAYNOR, J.A.D.

This case presents the question of whether the immunity granted under N.J.S.A. 59:5-4 for liability arising from a public entity's failure to provide sufficient police protection service extends to liability resulting from negligence committed by a housing authority security guard during the performance of his assigned duties. We decide that it does not.

Pursuant to leave granted, plaintiff appeals...

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