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Nash v. Lerner

March 17, 1999

AMELIA NASH AND FRED NASH, HER HUSBAND, PLAINTIFFS-RESPONDENTS,
v.
BELLA LERNER, DEFENDANT-APPELLANT, AND JOHN DOES, TOWNSHIP OF EDISON, AND RICHARD ROES, DEFENDANTS.



On appeal from the Superior Court, Appellate Division, whose opinion is reported at 311 N.J. Super. 183 (1998).

The opinion of the court was delivered by: Per Curiam

Argued February 16, 1999

The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the Dissenting opinion of Judge Rodriguez, reported at 311 N.J. Super. 183, 193 (1998).

CHIEF JUSTICE PORITZ and JUSTICES HANDLER, O'HERN, GARIBALDI, STEIN, and COLEMAN join in this opinion. JUSTICE POLLOCK has filed a separate Dissenting opinion.

POLLOCK, J., Dissenting.

I would affirm the judgment of the Appellate Division, substantially for the reasons expressed in Judge Shebell's majority opinion, reported at 311 N.J. Super. 183 (1998).

DECIDED March 17, 1999

Chief Justice Poritz PRESIDING

OPINION BY PER CURIAM

DISSENTING OPINION BY Justice Pollock

REVERSE AFFIRM

19990317 ...


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