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ARENA v. BOROUGH OF JAMESBURG

309 N.J. Super. 106 (1998)

UMBERTO ARENA, PLAINTIFF-APPELLANT, v. BOROUGH OF JAMESBURG, MIDDLESEX COUNTY, NEW JERSEY; VICTOR KNOWLES, JAMESBURG BOROUGH POLICE CHIEF; POLICE OFFICER ROBERT TONKERY, JAMESBURG BOROUGH POLICE DEPARTMENT, AND ANDREW STONAKER, JAMESBURG BOROUGH CODE ENFORCEMENT OFFICER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1998.

Attorney(s) appearing for the Case

Edward K. Zuckerman, argued the cause for appellant.

Lindsay B. Schiappa, argued the cause for respondents Borough of Jamesburg and Police Chief Victor Knowles (Convery, Convery & Shihar, attorneys; Ms. Schiappa, on the brief).

Lori A. Dvorak, argued the cause for respondent Officer Robert Tonkery (Lynch Martin, attorneys; Ms. Dvorak, on the brief).

Before Judges PETRELLA and SKILLMAN.

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

This is an appeal from the dismissal of a complaint on the ground the entire controversy doctrine bars the action because plaintiff voluntarily dismissed a prior action which rested on the same factual allegations.

Plaintiff's complaint alleges that he organized a public rally in front of the Borough of Jamesburg municipal building to protest a substantial...

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