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DAMBRO v. UNION CTY. PK. COMM.

130 N.J. Super. 450 (1974)

327 A.2d 466

VINCENT DAMBRO, JR., PLAINTIFF, v. UNION COUNTY PARK COMMISSION, A BODY POLITIC OF THE STATE OF NEW JERSEY, AND BOROUGH OF WATCHUNG, A MUNICIPAL CORPORATION, DEFENDANTS, AND UNION COUNTY PARK COMMISSION, A BODY POLITIC OF THE STATE OF NEW JERSEY, THIRD-PARTY PLAINTIFF, v. BOROUGH OF WATCHUNG, A MUNICIPAL CORPORATION, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 11, 1974.

Attorney(s) appearing for the Case

Mr. Joseph J. Triarsi for plaintiff (Messrs. Pisano & Triarsi, attorneys).

Mr. Jack L. Lintner for Borough of Watchung (Messrs. Graham, Yurasko, Golden & Lintner, attorneys).

Mr. Arthur J. Callaghan for Union County Park Commission (Messrs. Brause, Callaghan & Coyle, attorneys).

KENTZ, J.S.C.

The Borough of Watchung (hereinafter Watchung) has filed a motion to dismiss the complaint of plaintiff Vincent Dambro and the third-party complaint of defendant, Union County Park Commission (hereinafter Park Commission) based on noncompliance of the notice of claim provisions of New Jersey Tort Claims Act, N.J.S.A. 59:8 et seq., with particular reliance placed on N.J.S.A. 59:8-4. Plaintiff has made a motion for leave to file a...

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