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BARBARIA v. SAYREVILLE TP.

191 N.J. Super. 395 (1983)

467 A.2d 259

ROSEANN BARBARIA, AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF LOUIS D. BARBARIA, DECEASED; AS ADMINISTRATRIX OF THE ESTATE OF LOUIS D. BARBARIA, DECEASED, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF SAYREVILLE AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANTS-APPELLANTS, AND WILLIAM D. RENDER; HEMINGWAY TRANSPORTATION, INC.; JERSEY CENTRAL POWER AND LIGHT COMPANY; SAYREVILLE DRIVE-IN THEATRE AS AMBOYS CINEMAS; CBT LEASING CORPORATION; KENWORTH TRUCK COMPANY AND STRICK CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 1983.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, Attorney General, attorney for appellant State of New Jersey (Deborah T. Poritz, Deputy Attorney General, of counsel; Benjamin Clarke and Marianne E. Manning, Deputy Attorneys General, on the brief).

Appellant, Township of Sayreville, joined in the brief of appellant State of New Jersey.

No brief was filed on behalf of respondent.

Before Judges ARD, MORTON I. GREENBERG and TRAUTWEIN.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

Defendants Township of Sayreville (hereinafter called "Sayreville") and State of New Jersey, Department of Transportation (hereinafter called "State") have separately appealed from an order of the trial court dated May 27, 1982 allowing plaintiff to file late claims under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., on behalf of "the infant members of the Estate of Louis...

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