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Garry v. Payne

Decided: May 10, 1988.

CHRISTY ANN GARRY, PLAINTIFF-APPELLANT,
v.
JOSIA PAYNE, THE CITY OF ELIZABETH AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS



On appeal from Superior Court, Law Division, Union County.

Deighan and Landau. The opinion of the court was delivered by Landau, J.A.D.

Landau

These are appeals taken, on leave granted, from summary judgments which afforded immunity under N.J.S.A. 59:1-1 in favor of defendants-respondents City of Elizabeth and State of New Jersey, in consolidated suits for damages arising from injuries sustained in a tragic fire at an allegedly substandard and non-complying rooming house operated by defendant Josia Payne. Briefs were received on behalf of plaintiff Christy Ann Garry (Garry) and Larry Robinson. In addition, defendant Payne filed a brief objecting to the grant of the summary judgments.

Garry urged on appeal:

I. [INAPPLICABLE]

II. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO DEFENDANT, CITY OF ELIZABETH AS THE CITY IS RESPONSIBLE FOR THE NEGLIGENCE OF ITS EMPLOYEES IN THE PERFORMANCE OF THEIR MINISTERIAL FUNCTIONS.

III. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO DEFENDANT, CITY OF ELIZABETH AS THE ELIZABETH CITY WELFARE DEPARTMENT WAS RESPONSIBLE TO INSPECT AND PLACE WELFARE RECIPIENTS INTO A BOARDING HOME THAT WAS IN COMPLIANCE WITH ALL APPROPRIATE BUILDING AND FIRE CODES.

IV. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO DEFENDANT, STATE OF NEW JERSEY AS THE STATE IS NOT IMMUNE FROM SUIT WHEN A PUBLIC EMPLOYEE DOES NOT ACT IN GOOD FAITH.

V. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO DEFENDANT, STATE OF NEW JERSEY AS THE STATE IS NOT AFFORDED IMMUNITY UNDER THE NEW JERSEY TORT CLAIMS ACT FOR THE NEGLIGENT ACTS OF EMPLOYEES IN THE PERFORMANCE OF MINISTERIAL FUNCTIONS.

VI. THE TRIAL COURT ERRED IN DETERMINING THAT NEITHER THE CITY OF ELIZABETH NOR THE STATE OF NEW JERSEY WAS RESPONSIBLE FOR FAILING TO ENFORCE STATE AND CITY REGULATIONS REQUIRING A CERTIFICATE OF OCCUPANCY FOR THE PREMISES IN QUESTION.

Robinson argues on appeal that:

I. THE TRIAL COURT ERRED IN GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT SINCE A GENUINE ISSUE OF MATERIAL FACT EXISTS REGARDING ...


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