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PINKOWSKI v. TOWNSHIP OF MONTCLAIR

299 N.J. Super. 557 (1997)

JOHN PINKOWSKI AND DIANN RICHES PINKOWSKI, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF MONTCLAIR, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT, v. ALFRED J. CLARK, INC. AND ALFRED J. CLARK, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1997.

Attorney(s) appearing for the Case

Ferguson & Gille, attorneys for appellants (Grant M. Gille and Adam L. Levine, on the brief).

Robert A. Hoonhout, Township Attorney, attorney for respondent (Richard Seltzer, Assistant Township Attorney, on the brief).

No other parties participated in this appeal.

Before Judges PETRELLA, WALLACE and KIMMELMAN.

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

This case arises out of the construction, approximately seventy years ago, of an underground cement culvert or pipe through which flows a portion of Nishuane Brook, a natural water course. Plaintiffs, John and Diann Pinkowski, appeal from the Law Division's grant of summary judgment in favor of Montclair Township. Montclair's motion for summary judgment was...

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