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FERRARO v. CITY OF LONG BRANCH

314 N.J. Super. 268 (1998)

JOHN A. FERRARO AND DOROTHY FERRARO, PLAINTIFFS-APPELLANTS/CROSS-RESPONDENTS, v. CITY OF LONG BRANCH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ADAM SCHNEIDER, MAYOR OF THE CITY OF LONG BRANCH, ANTHONY CRITELLI, DIRECTOR OF PUBLIC WORKS OF THE CITY OF LONG BRANCH, MICHAEL PELUGHI, MICHAEL DE STEFANO, JOHN PALLONE, STEVEN SCHWARTZ, AND ROBERT LEHMANN, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS. JOHN A. FERRARO, PLAINTIFF-APPELLANT, v. ADAM SCHNEIDER, INDIVIDUALLY, AND AS MAYOR OF THE CITY OF LONG BRANCH, AND THE CITY OF LONG BRANCH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1998.

Attorney(s) appearing for the Case

R.S. Gasiorowski, argued the cause for appellants/cross-respondents (Mr. Gasiorowski, of counsel; Christie Gasiorowski and Robert McLeod, on the briefs).

Jacqueline A. DeGregorio, argued the cause for respondents/cross-appellants (Weiner Lesniak, attorneys; Alan J. Baratz and Ms. DeGregorio, of counsel; Ms. DeGregorio, on the brief).

Before Judges STERN, KLEINER and KIMMELMAN.

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

Following defendants' removal of plaintiffs' complaint to the United States District Court, dismissal of the federal action and affirmance of the dismissal by the Third Circuit, the Law Division, on remand of the State claims from the federal court, entered a series of orders granting defendants' motions for summary judgment and dismissing defendants' counterclaim. Plaintiffs appeal the dismissal of their 42...

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