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KAMIENSKI v. DEPT. OF TREASURY

Docket No. A-4816-14T2.

169 A.3d 493 (2017)

451 N.J. Super. 499

Paul KAMIENSKI, Plaintiff-Appellant/Cross-Respondent, v. STATE of New Jersey, DEPARTMENT OF the TREASURY, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 16, 2017.

Attorney(s) appearing for the Case

Timothy J. McInnis (McInnis Law) of the New York bar, admitted pro hac vice, argued the cause for appellant/cross-respondent (Law Office of Jerome A. Ballarotto, and Mr. McInnis, attorneys; Mr. Ballarotto and Mr. McInnis, on the brief).

Peter D. Wint , Assistant Attorney General, argued the cause for respondent/cross-appellant ( Christopher S. Porrino , Attorney General, attorney; Melissa Dutton Schaffer , Assistant Attorney General, of counsel; Mr. Wint, on the briefs).

Before Judges Messano, Espinosa and Guadagno.

The opinion of the court was delivered by

This case presents us with questions of first impression regarding the interpretation of provisions of the Mistaken Imprisonment Act (Act), N.J.S.A. 52:4C-1 to -7, relating to eligibility, the burden of proof, damages and "reasonable attorney fees" recoverable under the Act...

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