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BROWN v. CITY OF BORDENTOWN

791 A.2d 1007 (2002)

348 N.J. Super. 143

Frederick BROWN, Plaintiff-Respondent, Cross-Appellant, v. CITY OF BORDENTOWN and Commissioner James Lynch, Defendants-Appellants, Cross-Respondents, and Bordentown City Police Department, Patricia Ryan, Mayor Joseph Malone, Zigmont Targonski, Police Chief Philip J. Castagna, and New Jersey State Department of Personnel and its Agents, Servants, and Employees, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 2002.

Attorney(s) appearing for the Case

Richard W. Hunt, Marlton, argued the cause for appellant (Parker, McCay & Criscuolo, attorneys; Mr. Hunt and Stacy L. Moore, Jr., on the brief).

Perry S. Warren, Princeton, argued the cause for respondent (Maselli Warren, attorney; Jean L. Markey, on the brief).

Before Judges KING, CUFF and WINKELSTEIN.

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

This Law Against Discrimination case is before us on appeals improperly brought from an interlocutory order of May 10, 2000. The primary issue is the viability of the common-law legislative immunity defense to this statutory cause of action.

The appeal was filed on May 11, 2000; the cross-appeal on May 25, 2000. The interlocutory order granted summary judgment...

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