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MALLOY v. STATE

76 N.J. 515 (1978)

388 A.2d 622

JOSEPH MALLOY, PLAINTIFF-RESPONDENT, v. STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Mr. George W. Fisher, Deputy Attorney General, argued the cause for appellant (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Mr. Michael F. Chazkel argued the cause for respondent (Messrs. Chazkel & Gast, attorneys).

The opinion of the court was delivered by SULLIVAN, J.

This suit for damages against the State of New Jersey presents the question whether plaintiff's claim is cognizable under the New Jersey Tort Claims Act or whether in the circumstances, the Act confers absolute immunity on the State.

The facts are not in dispute. On May 17, 1973, Joseph Malloy, plaintiff herein, took an examination for a real estate salesman's license. The Division of the New Jersey Real...

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