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BANY v. BOROUGH OF HAWORTH

267 N.J. Super. 591 (1993)

632 A.2d 535

THOMAS BANY AND MIREILLE BANY, PLAINTIFFS-APPELLANTS, v. BOROUGH OF HAWORTH, DEFENDANT-RESPONDENT, AND F & F PAVING, INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 21, 1993.

Attorney(s) appearing for the Case

James A. Crawford argued the cause for appellants (Crawford & Halligan, attorneys; Mr. Crawford, on the brief).

John J. Robertelli argued the cause for respondent (Harwood Lloyd, attorneys; Thomas B. Hanrahan, of counsel; Mr. Robertelli, on the brief).

Before Judges GAULKIN, R.S. COHEN and D'ANNUNZIO.

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

In this personal injury action plaintiffs appeal from a summary judgment in favor of defendant, Borough of Haworth.1

The borough owns a lot located across the street from plaintiff's home on Sylvan Place. The lot is 100 feet square, and the borough acquired it in 1947 by "foreclosure." The lot is wooded and otherwise unimproved...

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