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PILONERO v. TOWNSHIP OF OLD BRIDGE

236 N.J. Super. 529 (1989)

566 A.2d 546

JOSEPH PILONERO, PLAINTIFF, v. TOWNSHIP OF OLD BRIDGE, BOROUGH OF SAYREVILLE, COUNTY OF MIDDLESEX AND JOHN DOE ENTITIES, # 1-5, DEFENDANTS. MARGARET TIRPAK AND LOUIS TIRPAK, HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, v. JOSEPH M. PILONERO, DEFENDANT, AND TOWNSHIP OF OLD BRIDGE, BOROUGH OF SAYREVILLE, COUNTY OF MIDDLESEX, JOHN DOE ENTITIES # 1-10 (FICTITIOUS NAMES, REAL NAMES UNKNOWN), ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1989.

Attorney(s) appearing for the Case

Convery, Convery & Shihar, attorneys for appellant Township of Old Bridge (Simon L. Kaufman, on the brief).

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys for appellant Borough of Sayreville (John I. Lisowski, of counsel; Gina M. Sorge, on the letter brief).

Lynch, Martin & Philibosian, attorneys for appellant County of Middlesex (John J. Kane, on the brief).

D. Bruce Unger, attorney for respondents Margaret and Louis Tirpak.

Joseph Pilonero did not file a brief.

Before Judges KING, SHEBELL and BAIME.

The opinion of the court was delivered by SHEBELL, J.A.D.

At issue in this appeal is whether plaintiffs may amend their complaint to join several public entities as defendants where the public entities were served with a timely notice of claim by a different injured plaintiff involving the same accident. We granted defendants leave to appeal from an order denying their motions for summary judgment against Margaret...

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