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PETROCELLI v. SAYREVILLE SHADE TREE COMM.

297 N.J. Super. 544 (1997)

MARISA PETROCELLI, AN INFANT AND PETER PETROCELLI, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR MARISA PETROCELLI, PLAINTIFFS-RESPONDENTS, v. SAYREVILLE SHADE TREE COMMISSION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1997.

Attorney(s) appearing for the Case

Charles H. Smith, Jr. argued the cause for appellants (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Smith, of counsel and on the brief).

Howard N. Wiener argued the cause for respondent (Ravish, Koster, Tobin, Oleckna, Reitman & Greenstein, attorneys; Mr. Wiener, on the brief).

Before Judges KING, KEEFE and CONLEY.

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

On leave granted, defendant Sayreville Shade Tree Commission appeals an order entered August 9, 1996 denying its motion for summary judgment in this personal injury lawsuit based upon the immunity established by N.J.S.A. 40:64-14. We reverse.

At the time the motion was filed, all discovery was completed and the facts, even viewed most favorably for plaintiffs, are not complex. On September 7,...

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