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TONELLI v. BOARD OF EDUC.

888 A.2d 433 (2005)

185 N.J. 438

Alfred TONELLI, Administrator Ad Prosequendum of the Estate of Virginia T. Tonelli, Deceased, Plaintiff-Respondent, v. BOARD OF EDUCATION OF the TOWNSHIP OF WYCKOFF, New Jersey, Defendant-Appellant, and The Township of Wyckoff, New Jersey, Defendant.

Supreme Court of New Jersey.

Decided December 28, 2005.

Attorney(s) appearing for the Case

Jeffrey L. Shanaberger, Princeton, argued the cause for appellant (Hill Wallack, attorneys; Mr. Shanaberger and Marilyn S. Silvia, on the briefs).

Donald A. Kessler, Florham Park, argued the cause for respondent (Schwartz Simon Edelstein Celso & Kessler, attorneys).

Nicholas F. Pellitta, Bridgewater, submitted a brief on behalf of amicus curiae, New Jersey Defense Association (Norris, McLaughlin & Marcus, attorneys).

Justice LONG delivered the opinion of the Court.

On this appeal, we are called upon to determine whether, in addition to the immunities provided in the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, a governmental entity — in this case a public school board — enjoys the benefits of the Charitable Immunity Act. N.J.S.A. 2A:53A-7 to -11. The trial judge answered that question in the affirmative and the Appellate Division reversed. We agree with...

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