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WUETHRICH v. DELIA

155 N.J. Super. 324 (1978)

382 A.2d 929

BETTY WUETHRICH, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF JOHN WUETHRICH, PLAINTIFF-APPELLANT, v. JOHN DELIA AND TOWNSHIP OF BERKELEY HEIGHTS, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1978.

Attorney(s) appearing for the Case

Mr. John Anthony Lombardi argued the cause on behalf of appellant.

Mr. Thomas W. Greelish argued the cause on behalf of respondent Township of Berkeley Heights (Messrs. Schenck, Price, Smith & King, attorneys; Mr. Francis J. Beyrent, of counsel).

Messrs. Mantel & Thelander filed a Statement in Lieu of Brief on behalf of respondent Delia (Mr. Robert C. Thelander on the brief).

Before Judges MATTHEWS, CRANE and ANTELL.

PER CURIAM.

In March 1975 defendant township moved to dismiss the complaint on the ground that it failed to state a claim upon which relief could be granted. That motion was denied. The opinion of the judge below which contains the underlying facts is reported at 134 N.J.Super. 400 (Law Div. 1975). Subsequently, in 1976, after discovery was completed, defendant township moved for summary judgment. After having considered the...

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