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POLZO v. COUNTY OF ESSEX

A-69 September Term 2007

960 A.2d 375 (2008)

196 N.J. 569

Donald T. POLZO, as Executor for the Estate of Mathi Kahn-Polzo, and Donald T. Polzo, individually, Plaintiff-Respondent, v. COUNTY OF ESSEX, Defendant-Appellant, and Public Service Electric and Gas Company, John/Jane Doe 1-10 and John Doe Corp. 2-10, Defendants.

Supreme Court of New Jersey.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Meredith Kaplan Stoma, Livingston, argued the cause for appellant (Morgan Melhuish Abrutyn and Harry J. Del Plato, Essex County Counsel, attorneys; Ms. Stoma and Alan Ruddy, of counsel; Mr. Ruddy and Jeffrey S. Leonard, on the brief).

E. Drew Britcher, Glen Rock, argued the cause for respondent (Britcher, Leone & Roth, attorneys; Jessica E. Choper, on the brief).

Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal requires that we revisit the intersection of the provisions of the Tort Claims Act, N.J.S.A. 59:4-1 to 14-4, that govern claims against governmental entities arising from an alleged dangerous condition on public property. Specifically, N.J.S.A. 59:4-2(b) provides in part that a public entity will not be liable for injuries arising from a dangerous condition on public property unless...

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