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TURNER v. TOWNSHIP OF IRVINGTON

Docket No. A-5478-11T2

63 A.3d 1233 (2013)

430 N.J. Super. 274

Erica TURNER and Eric Turner, Plaintiffs-Respondents, v. TOWNSHIP OF IRVINGTON, Defendant-Appellant, and Anjeanette Monroig, James Flagler, and Al Mutah Q. Saunders, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 2013.

Attorney(s) appearing for the Case

Robert E. Levy , Farmington, argued the cause for appellant (Scarinci & Hollenbeck, attorneys; Mr. Levy and Michael A. Cifelli , of counsel; Mr. Levy , Mr. Cifelli , and Candida J. Griffin , on the briefs).

David Wendel argued the cause for respondents (The Serruto Law Firm, attorneys; Mr. Wendel , on the brief).

Before Judges PARRILLO, SABATINO and MAVEN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

By leave granted, defendant the Township of Irvington (defendant or Township) appeals from the denial of its motion for summary judgment dismissal of those counts of plaintiffs' complaint seeking to hold defendant vicariously liable for the conduct of its employees. Defendant argues that N.J.S.A. 52:17C-10(d), which immunizes 9-1-1 operators for conduct that is not wanton and willful, and...

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