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SCHWARZ v. PORT AUTHORITY TRANSIT CORP.

305 N.J. Super. 581 (1997)

JEFFREY SCHWARZ, DAVID A. SCHWARZ AND LUCY SCHWARZ, PLAINTIFFS-APPELLANTS, v. PORT AUTHORITY TRANSIT CORPORATION DIVISION OF THE DELAWARE PORT AUTHORITY AND THE CITY OF PHILADELPHIA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Dennis D. Karpf argued the cause for appellants (Mr. Karpf and James B. Dougherty, Jr., on the brief).

Peter J. Bonfiglio, III argued the cause for respondent Port Authority Transit Corporation (Higgins, Long & Bonfiglio, attorneys; Mr. Bonfiglio, on the brief).

Susan L. Claypoole argued the cause for respondent City of Philadelphia (Claypoole & Tomlinson, attorneys; Ms. Claypoole, on the brief).

Before Judges LONG, KLEINER and KIMMELMAN.

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

Plaintiff Jeffrey Schwarz1 appeals from summary judgment orders entered on September 3, 1996, and September 30, 1996, dismissing his complaint against defendants Port Authority Transit Corporation Division of the Delaware Port Authority (PATCO) and City of Philadelphia (City), respectively.

The principal issue on appeal is whether PATCO can be held liable for the criminal...

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