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KENT v. HAMILTON TP.

82 N.J. Super. 113 (1964)

196 A.2d 798

CATHERINE KENT AND EDWARD KENT, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. HAMILTON TOWNSHIP, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 1964.

Attorney(s) appearing for the Case

Mr. Leonard J. Felzenberg argued the cause for plaintiffs (Messrs. Roskein, Kronisch, Felzenberg & Mandell, attorneys).

Mr. Richard J.S. Barlow, Jr., argued the cause for respondent (Messrs. Lenox, Giordano & Lenox, attorneys).

Before Judges GAULKIN, FOLEY and LEWIS.

The opinion of the court was delivered by LEWIS, J.A.D.

The Superior Court, Law Division, granted summary judgment in favor of the defendant Hamilton Township and against plaintiffs Catherine Kent and her husband Edward Kent who sued per quod. The claim for damages was predicated upon an allegation of negligence and the contention that the township, having rented part of its municipal building, was engaged in a proprietary activity. Defendant pleaded statutory...

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