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LASCURAIN v. CITY OF NEWARK

793 A.2d 731 (2002)

Elsie LASCURAIN, Plaintiff-Appellant, v. CITY OF NEWARK, Department of Welfare, Department of Development, Mayor Sharpe James, Marie E. Villani, Donald Tucker, Henry Martinez, and Anthony Carrino, Defendants-Respondents, and Irving Klein and Bernard Klein, as directors and officers of Kingsland Drum and Barrel, and Kingsland Drum and Barrel, Defendants-Respondents/ Third-Party Plaintiffs, and Rosemary Hacking, Director of Newark Development, Irving Klein, Bernard Klein, Individually, Allied Equipment Corp. and Advanced Recycling Corp., Jesse Allen, Milton Buck, and Kenneth Gibson, Defendants, v. United New Jersey Railroad and Canal Company/Pennsylvania Railroad, Defendant/Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 2002.

Attorney(s) appearing for the Case

David M. Freeman, Livingston, argued the cause for appellant (Nagel, Rice, Dreifuss & Mazie, attorneys; Mr. Freeman, of counsel, Anthony J. Monaco, on the brief).

Hugh Gallagher, Newark, argued the cause for respondents, City of Newark, Mayor Sharpe James, Marie E. Villani, Donald Tucker, Henry Martinez, and Anthony Carrino (Joanne Y. Watson, Corporation Counsel, attorney; Hugh Gallagher, Assistant Corporation Counsel, on the brief).

Richard P. Flaum, argued the cause for respondent, Kingsland Drum and Barrel (Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, attorneys; Mr. Flaum, on the brief).

Before Judges KESTIN, STEINBERG and ALLEY.

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

Plaintiff appeals from summary judgment orders of a Law Division judge in Essex County dismissing her complaint against the City of Newark as the owner of certain cemetery property described below, various officials of the City, and defendant Kingsland Drum and Barrel with respect to their alleged liabilities for failure to properly maintain the grave of her father in...

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