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STEWARD v. MAGNOLIA

134 N.J. Super. 312 (1975)

340 A.2d 678

PATRICIA A. STEWARD, PLAINTIFF-APPELLANT, v. BOROUGH OF MAGNOLIA, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1975.

Attorney(s) appearing for the Case

Messrs. Jubanyik, Jubanyik & Varbalow, attorneys for appellant (Mr. Richard J. Jubanyik, of counsel).

Messrs. Webb and McDermott, attorneys for respondent (Mr. John P. Mc Gee, of counsel).

Before Judges LEONARD, SEIDMAN and BISCHOFF.

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

This is an appeal from an order granting summary judgment in favor of defendant municipality and dismissing plaintiff's personal injury, negligence action.

The facts are essentially uncontroverted. Plaintiff's husband, a part-time police officer employed by the Borough of Magnolia, was on duty March 12, 1973. He went home for dinner, as he was permitted to do, and was about to return to work when his...

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