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GAITA v. LAUREL GROVE CEMETERY CO.

731 A.2d 1245 (1998)

323 N.J. Super. 89

Joyce GAITA, Plaintiff, v. The LAUREL GROVE CEMETERY COMPANY, a New Jersey Corporation trading as Laurel Grove Cemetery, Richard Roe and Entities 1-5, Defendants.

Superior Court of New Jersey, Law Division, Passaic County.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Alfred E. Fontanella, Totowa, for plaintiff (Fontanella & Benevento, attorneys).

Jane Garrity Glass, Montclair, for defendants (Garrity, Graham, Favetta & Flinn, attorneys).

REISNER, J.S.C.

This case raises the novel issue of the potential liability of a cemetery for an attack by a third party upon a visitor to the cemetery. Research reveals no reported decisions from this or any other jurisdiction on this issue. Defendant Laurel Grove Cemetery has filed a motion for summary judgment on the grounds that the rule of liability most recently articulated in Clohesy v. Food Circus Supermarkets, 149 N.J. 496<...

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