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MADEJ v. DOE

194 N.J. Super. 580 (1984)

477 A.2d 439

ANN MADEJ AND EDWARD MADEJ, HER HUSBAND, PLAINTIFFS, v. JOHN DOE (A FICTITIOUS PERSON TRADING AS JOHN'S TEXAS WEINERS), RICHARD ROE (A FICTITIOUS PERSON), FIGOLIA INC. CORPORATION, LIGHTING ELECTRIC COMPANY, CITY OF NEWARK, COUNTY OF ESSEX, STATE OF NEW JERSEY AND THE "X" INC. CORPORATION, A FICTITIOUS NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided January 27, 1984.

Attorney(s) appearing for the Case

Allan Serratelli for plaintiffs Ann Madej and Edward Madej.

Abilio Mendez for defendant City of Newark (John J. Teare, Corporation Counsel of the City of Newark, attorney).

Madeleine W. Mansier, for defendant State of New Jersey (Irwin I. Kimmelman, Attorney General of the State of New Jersey, attorney).

Vincent R. Glorisi for defendant Figolia Inc. Corporation (Hoagland, Longo, Oropollo & Moran, attorneys).

VILLANUEVA, J.S.C.

This is a motion for summary judgment by defendant, State of New Jersey, to dismiss the complaint and all cross-claims brought against it and a motion for summary judgment by defendant, City of Newark, to dismiss a per quod claim against it. The issues are whether a notice of claim "against the City of Newark" that makes no mention of the State, which is served both upon the City and the State, constitutes a valid notice of claim against...

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