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BUSTAMANTE v. BOROUGH OF PARAMUS

DOCKET NO. A-1869-08T2.

994 A.2d 573 (2010)

413 N.J. Super. 276

Marcello BUSTAMANTE, Plaintiff-Appellant, v. BOROUGH OF PARAMUS, Police Department of the Borough Of Paramus, Douglas Ehrenberg, Robert Gleason, Chris Tsentas, Michael Cebulski, Craig McEllen, Individually and as Agents for the Borough of Paramus Police Department, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 2010.

Attorney(s) appearing for the Case

Leonard S. Miller, Fair Lawn, argued the cause for appellant (Leonard S. Miller, P.A., attorneys; Leslie E. Rice, on the brief).

Ruby Kumar-Thompson argued the cause for respondent Douglas Ehrenberg (Thomas B. Hanrahan & Associates, attorneys; Mr. Hanrahan, of counsel and on the brief; Ms. Kumar-Thompson, on the brief).

Zisa & Hitscherich, attorneys for respondent Chris Tsentas (Robert J. Hitscherich, Hackensack, on the brief).

Breslin & Breslin, P.A., Hackensack, attorneys for respondent Borough of Paramus and Police Department of Borough of Paramus; Ganz & Sivin, LLP, attorneys for respondent Robert Gleason; Law Offices of John L. Schettino, attorneys for respondent Michael Cebulski; and Carl M. Losito, Weehawken, attorney for respondent Craig McEllen, join in the brief of respondent Douglas Ehrenberg.

Before Judges GRALL, MESSANO and LeWINN.

The opinion of the court was delivered by

MESSANO, J.A.D.

Plaintiff Marcello Bustamante appeals from the dismissal of his complaint with prejudice for "failure to state a claim upon which relief can be granted," Rule 4:6-2(e), and the denial of his motion to amend the complaint. We have considered the arguments raised in light of the record and applicable legal standards. We affirm the denial of plaintiff's motion to amend his complaint; we reverse...

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