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WASHINGTON v. CITY OF ELIZABETH

245 N.J. Super. 325 (1990)

585 A.2d 431

NANCY JOAN WASHINGTON AND, HARVEY ORDELL WASHINGTON, HER HUSBAND, PLAINTIFFS, v. THE CITY OF ELIZABETH, NEW JERSEY BELL TELEPHONE CO., THE ELIZABETHTOWN GAS CO., A FICTITIOUS NAME, ACTUAL IDENTITY PRESENTLY UNKNOWN, ET ALS., DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

August 31, 1990.

Attorney(s) appearing for the Case

Robert C. Carroll for plaintiffs (Forman, Forman, Cardonsky, Andril & Ungvary, attorneys).

Leonard C. Leicht for defendant City of Elizabeth (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

John S. Fetten for defendant New Jersey Bell Telephone Company (Pollock, Montgomery & Chapin, attorneys).

Mary P. Keefe for defendant Elizabethtown Gas Company.

MENZA, J.S.C.

Defendant, New Jersey Bell Telephone Company, moves for summary judgment. The issue in this case is whether the installation or repair of an underground telephone line constitutes an improvement to real property, and thus entitled to the protection of the ten-year statute of limitations afforded by N.J.S.A. 2A:14-1.1.

Plaintiff was injured when she fell in a depressed roadway. She contends that defendants, including New Jersey Bell Telephone...

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