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STOLLENWERK v. TOWNSHIP OF MULLICA

720 A.2d 422 (1998)

316 N.J. Super. 379

Robert STOLLENWERK, t/a Papooh's Tree Farm, Plaintiff-Appellant, v. TOWNSHIP OF MULLICA, Mullica Twp. Fire Dept., John Doe, Members of the Mullica Twp. Fire Dept. and Other Parties not yet Identified, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1998.

Attorney(s) appearing for the Case

Paula C. Kaluhiokalani-Merrill, Absecon, for plaintiff-appellant.

Paul J. Soderman, West Orange, for defendants-respondents (Zucker, Facher and Zucker, attorneys; Mr. Soderman, on the brief).

Before Judges SKILLMAN, PAUL G. LEVY and LESEMANN.

The opinion of the court was delivered by LESEMANN, J.S.C. (temporarily assigned).

Plaintiff appeals from a summary judgment dismissing his complaint which alleged that negligence of two volunteer fire companies had caused fire damage to his property. The summary judgment was based on two statutes, N.J.S.A. 2A:53A-13 and 2A:53A-13.1, which provide broad immunity to volunteer fire companies and their members for their actions while engaged in fire fighting or...

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