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CASELLA v. TOWNSHIP OF MANALAPAN

No. A-3680-09T1.

JOSEPH G. CASELLA, Plaintiff-Appellant, v. TOWNSHIP OF MANALAPAN, Defendant/Third-Party Plaintiff-Respondent, and PAULINE H. DUNN, Third-Party Defendant/Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 2011.

Attorney(s) appearing for the Case

S. Gregory Moscaritolo argued the cause for appellant (Roberts & Moscaritolo, LLC, attorneys; Keith J. Roberts and Mr. Moscaritolo, on the brief).

Joseph Maddaloni, Jr., argued the cause for respondent Township of Manalapan (Trenk, DiPasquale, Webster, Della Fera & Sodono, P.C., attorneys; Richard D. Trenk, Mr. Maddaloni and Jodi M. Luciani, on the brief).

Respondent Pauline H. Dunn has not filed a brief.

Before Judges Carchman and Messano.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Plaintiff Joseph G. Casella appeals from the grant of summary judgment to defendant, Township of Manalapan, based upon the plan or design immunity provisions of N.J.S.A. 59:4-6(a). We have considered the arguments raised in light of the record and applicable legal standards. We reverse.

On July 20, 2006, plaintiff was riding his motorcycle in an...

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