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BLACK v. BOROUGH OF ATLANTIC HIGHLANDS

263 N.J. Super. 445 (1993)

623 A.2d 257

AGNES BLACK, PLAINTIFF-APPELLANT, v. BOROUGH OF ATLANTIC HIGHLANDS (BODY POLITIC); MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS, (BODY POLITIC); MONMOUTH COUNTY SHADE TREE COMMISSION (BODY POLITIC); ATLANTIC HIGHLANDS SHADE TREE COMMISSION (BODY POLITIC); BOROUGH OF ATLANTIC HIGHLANDS DEPARTMENT OF ROADS (BODY POLITIC); ABC COMPANY; XYZ CORPORATION; JOHN DOE (FICTITIOUS NAMES); MR. AYMONIER; AYMONIER TREE SERVICE, AYMONIER TREE SERVICE, INC., DEFENDANTS-RESPONDENTS. BOROUGH OF ATLANTIC HIGHLANDS, DEFENDANT-THIRD PARTY PLAINTIFF, v. ANN M. POTTS AND LEON L. POTTS, THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 1993.

Attorney(s) appearing for the Case

Richard J. Mirra argued the cause for appellant (Boglioli, O'Mara, Reynolds & Mirra, attorneys; Mr. Mirra, on the brief).

Kenneth J. Potis argued the cause for respondent Borough of Atlantic Highlands (Carton, Witt, Arvanitis & Bariscillo, attorneys; Martin J. McGreevy, of counsel and Susan J.F. Weiss, on the brief).

Kevin T. Smith argued the cause for respondents Henri Aymonier, Aymonier Tree Service and Aymonier Tree Service, Inc. (Paul Seligman, attorney; Mr. Smith, on the brief).

Before Judges KING, BRODY and LANDAU.

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

Plaintiff Agnes Black was walking on her front lawn in Atlantic Highlands when she slipped and fell on rotting crab apples which had fallen from trees planted by the Borough of Atlantic Highlands (Borough), on the strip of land owned by the Borough which lies between its public street and Black's lawn. Black, who is seventy-two, was severely injured, suffering complications which ultimately led to a hip replacement...

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