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VOELLINGER v. DOW

No. A-5768-09T3.

22 A.3d 52 (2011)

420 N.J. Super. 480

Stephen VOELLINGER and Thomas Kennedy, Plaintiffs-Appellants, v. Paula T. DOW, the Attorney General for the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2011.

Attorney(s) appearing for the Case

Stuart J. Lieberman argued the cause for appellants (Lieberman & Blecher, attorneys; Mr. Lieberman, of counsel; Mr. Lieberman and Mara Epstein , Princeton, on the brief).

Andrew D. Reese , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Reese, on the brief).

Before Judges FISHER, SAPP-PETERSON and SIMONELLI.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we examine whether or to what extent the Division of Criminal Justice (the Division) may be found liable for losing or destroying evidence properly seized years earlier during a criminal investigation. Although we affirm the dismissal of plaintiffs' action, we reject the trial judge's determination that plaintiffs were limited to a claim of replevin and conclude that the judge should...

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