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HAMMER v. TOWNSHIP OF LIVINGSTON

723 A.2d 988 (1999)

Susan HAMMER and Alan Hammer, her husband, Plaintiffs-Appellants, v. TOWNSHIP OF LIVINGSTON and Craig D. Dufford, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1999.

Attorney(s) appearing for the Case

Stephen S. Weinstein, Morristown, for plaintiffs-appellants (Mr. Weinstein, attorney; Gail S. Boertzel, of counsel and on the brief).

Thomas D. Robertson, Newark, for defendants-respondents (McCarter & English, attorneys; James H. Keale, of counsel; Christopher R. Carton, on the brief).

Before Judges MUIR, Jr., EICHEN and COBURN.

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

In this New Jersey Tort Claims Act case, N.J.S.A. 59:1-1 to—12-3 (the Tort Claims Act), plaintiffs Susan Hammer and Alan Hammer1 appeal from a dismissal of their complaint following a successful motion for summary judgment by defendants Township of Livingston and Craig D. Dufford, the Chief of the Livingston Fire Department. The motion judge concluded that plaintiff...

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