HOUSING AUTHORITY OF NEWARK v. SAGNER


142 N.J. Super. 332 (1976)

361 A.2d 565

HOUSING AUTHORITY OF THE CITY OF NEWARK, A BODY CORPORATE AND POLITIC, PLAINTIFF-APPELLANT, v. ALAN SAGNER, COMMISSIONER, DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1976.


Attorney(s) appearing for the Case

Mr. Paul J. Hirsh argued the cause for appellant (Messrs. Friedman & D'Alessandro, attorneys; Messrs. Edward G. D'Alessandro and Michael F. Lombardi on the brief).

Mr. Steven A. Tasher, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General, attorney; Ms. Erminie L. Conley, Deputy Attorney General, of counsel).

Before Judges LYNCH, LARNER and HORN.


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

This appeal raises a single issue — whether the Contractual Liability Act, N.J.S.A. 59:13-1 et seq., is applicable to an action brought by a public entity against the State. The trial judge held that it was applicable and dismissed the complaint because of plaintiff's failure to comply with N.J.S.A. 59:13-10, which provides: 59:13-10...

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