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BERRETTA v. CANNON

219 N.J. Super. 147 (1987)

529 A.2d 1070

ANGELO P. BERRETTA AND RITA BERRETTA, HIS WIFE, PLAINTIFFS, v. BRUCE CANNON, DEFENDANT/THIRD PARTY PLAINTIFF, v. CITY OF WILDWOOD WATER DEPARTMENT, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Special Civil Part, Cape May County.

Decided May 6, 1987.

Attorney(s) appearing for the Case

David S. DeWeese, for plaintiffs (Cafiero & Balliette and Balliette, attorneys).

J. Philip Kirchner, for defendant/third party plaintiff (Kenney & Kearney, attorneys).

James P. Savio for third party defendant (Gormley, Savio, Reynolds & Drake, attorneys).

OPINION

CALLINAN, J.S.C.

This matter before the court once again raises the troublesome question of the effect of N.J.S.A. 59:8-8 on third party practice as it pertains to public entities.

Plaintiffs own a duplex property located at 2405 Central Avenue in the City of North Wildwood, which they use on a seasonal basis occupying it in the summer and leaving it unoccupied in the winter. Before...

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