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DEBERJEOIS v. SCHNEIDER

260 N.J. Super. 518 (1992)

617 A.2d 265

HELEN DEBERJEOIS AND HERBERT DEBERJEOIS, PLAINTIFFS-RESPONDENTS, v. WILLIAM SCHNEIDER AND MARIE SCHNEIDER, CITY OF LINDEN, CITY OF LINDEN SHADE TREE COMMISSION, UNION COUNTY AND UNION COUNTY SHADE TREE COMMISSION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Edward L. Thornton argued the cause for appellants William and Marie Schneider (Methfessel & Werbel, attorneys; Mr. Thornton, on the brief).

Daniel S. Swinton argued the cause for appellants City of Linden and City of Linden Shade Tree Commission (Bumgardner, Hardin & Ellis, attorneys; Mark S. Kundla, of counsel, Mr. Swinton, on the brief).

James A. Shafranski argued the cause for respondents (Lutz, Shafranski, Gorman & Mahoney, attorneys; Mr. Shafranski, on the brief).

Before Judges DREIER and BROCHIN.

PER CURIAM.

Defendants Schneider have appealed by leave granted from an order denying their motion for summary judgment. Plaintiff was injured when she tripped on a raised portion of the sidewalk abutting defendant Schneiders' residential property. The tree that caused the sidewalk slab to rise was planted approximately 4.5 feet from the house side of the sidewalk by the Schneiders' predecessor in title, with the roots gradually expanding until the sidewalk was raised...

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