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COSTA v. JOSEY

79 N.J. 535 (1979)

401 A.2d 526

JOSEPH COSTA, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF EDWARD J. FLOCCO, JR., AND PHYLLIS FLOCCO, PLAINTIFF-APPELLANT, v. ALBERT J. JOSEY, DEFENDANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 17, 1979.

Attorney(s) appearing for the Case

Mr. Joseph T. Afflitto argued the cause for appellant (Messrs. Diamond, Diamond & Afflitto, attorneys).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for respondent State of New Jersey (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie L. Conley, Assistant Attorney General, of counsel; Mr. Thomas F. Marshall, Deputy Attorney General, on the brief).

PER CURIAM.

The members of the Court being equally divided, the judgment of the Appellate Division is affirmed.

SCHREIBER, J., dissenting.

This case projects for this Court's review for the first time an interpretation of those provisions in the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., which immunize public entities from liabilities arising out of dangerous property conditions due to their plan or design. The property is a...

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