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HEITZMAN v. MONMOUTH COUNTY

728 A.2d 297 (1999)

321 N.J. Super. 133

Michael HEITZMAN, Plaintiff-Appellant, v. MONMOUTH COUNTY, Monmouth County Reclamation Center, Kyle Matthew Dodig, Richard Throckmorton, John L. Gray and Charles Yopp, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1999.

Attorney(s) appearing for the Case

Mitchell Kastner, Highland Park, for plaintiff-appellant (Mark S. Winter, Parsippany, on the brief).

Robert J. Hrebek, Assistant County Counsel, for defendants-respondents (Malcolm V. Carton, Monmouth County Counsel, attorney and on the brief).

Before Judges HAVEY, SKILLMAN and LESEMANN.

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

Plaintiff appeals from a summary judgment which dismissed both counts of his complaint alleging violations of the Law Against Discrimination (LAD). N.J.S.A. 10:5-1 to -42. The first count alleged that plaintiff was subjected to a hostile work environment and ultimately demoted because of his sensitivity to second-hand smoke, which plaintiff contends is a "handicap...

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