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BRAUN v. TOWNSHIP OF MANTUA

270 N.J. Super. 404 (1993)

637 A.2d 238

GEORGE BRAUN AND MARCELYN BRAUN, PLAINTIFFS, v. THE TOWNSHIP OF MANTUA, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT/THIRD-PARTY PLAINTIFF, v. TOBY J. REID, KATHARINE D. REID, FRANK D. FEDERICO AND MARY E. FEDERICO, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Gloucester County.

Decided April 30, 1993.

Attorney(s) appearing for the Case

Bruce C. Hasbrouck (Hasbrouck & Uliase, attorneys) and Anthony P. Pasquarelli (Methfessel & Werbel, attorneys) for plaintiffs.

David W. Morgan (Holston, McDonald & Morgan, attorneys) and Timothy J. Galanaugh (Murphy & O'Connor, attorneys) for defendant/third-party plaintiff.

Francis A. Nemazie, for third-party defendants Reid (Cynthia P. Liebling, attorney).

Edgar E. Moss, II, for third-party defendants Federico (Moss, Powers & Kugler, attorneys; Stephen E. Siegrist, on the brief).

KLEINER, J.S.C.

The factual history presented to this court on motion for summary judgment filed by the defendant-third-party plaintiff, Township of Mantua (hereafter Mantua), requires this court to analyze the legal responsibilities imposed upon the dominant and servient tenants of a public right-of-way and the effect of Title 59, New Jersey Tort Claims Act, N.J.S.A. 59:4-1, as it may pertain to damage claims arising from the dominant tenant's alleged failure...

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