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LODER v. ST. THOMAS GREEK ORTHODOX CHURCH

295 N.J. Super. 297 (1996)

685 A.2d 20

DONALD D. LODER, SR., AND MARY LODER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ST. THOMAS GREEK ORTHODOX CHURCH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

November 25, 1996.

Attorney(s) appearing for the Case

Howard L. Goldberg argued the cause for appellants (Mr. Goldberg on the brief).

William A. Garrigle argued the cause for respondent (Garrigle & Palm, attorneys; James J. Law on the brief).

Before Judges HAVEY, BROCHIN and EICHEN.

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

In this negligence case, defendant St. Thomas Greek Orthodox Church (the church) successfully moved for summary judgment based upon the defense of charitable immunity, N.J.S.A. 2A:53A-7 (the Act).1 Plaintiffs Donald D. Loder, Sr. (Loder) and Mary Loder appeal on the ground that the motion judge erred in concluding that Loder...

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