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VAN HORN v. CITY OF TRENTON

159 N.J. Super. 115 (1978)

387 A.2d 373

DWIGHT VAN HORN, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. CITY OF TRENTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 8, 1978.

Attorney(s) appearing for the Case

Mr. Peter E. Markens argued the cause for appellant and cross-respondent (Mr. George T. Dougherty, City Attorney, City of Trenton, attorney).

Mr. Benjamin N. Cittadino argued the cause for respondent and cross-appellant (Messrs. Mason, Griffin & Pierson, attorneys; Mr. Richard M. Altman, of counsel).

Messrs. Zazzali, Zazzali & Whipple filed an amicus curiae brief on behalf of New Jersey State Policemen's Benevolent Association.

Before Judges ALLCORN, MORGAN and HORN.

PER CURIAM.

Defendant City of Trenton appeals from summary judgment in favor of plaintiff, a Trenton police officer, awarding him counsel fees incurred for legal services rendered in connection with grand jury consideration of charges against him arising from an incident wherein he shot someone with his service revolver in self defense. No indictment was ever returned. Plaintiff cross-appeals.

The matter was tried on the following stipulated facts:

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