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Mancini v. Township of Teaneck

New Jersey Superior Court, Appellate Division


October 02, 2002

DIANE MANCINI, PLAINTIFF-RESPONDENT/ CROSS-APPELLANT,
v.
TOWNSHIP OF TEANECK, TEANECK POLICE DEPARTMENT, DONALD GIANNONE, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF OF THE TEANECK POLICE DEPARTMENT, AND WARREN WHITE, INDIVIDUALLY AND IN HIS CAPACITY AS CAPTAIN OF THE TEANECK POLICE DEPARTMENT, DEFENDANTS-APPELLANTS/ CROSS-RESPONDENTS. *FN1

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, L-5491- 96.

Before Judges Baime, Newman and Axelrad. Resubmitted before Judges Newman and Axelrad.

The opinion of the court was delivered by: Axelrad, J.T.C. (temporarily assigned).

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: February 6, 2002 - Decided: April 2, 2002

Remanded by the Supreme Court - September 5, 2002

Resubmitted September 23, 2002

As directed by the Supreme Court in its summary remand order of September 5, 2002, we have reviewed our decision, reported at 349 N.J. Super. 527 (2002), in light of the Court's decision in Shepherd v. Hunterdon Developmental Center, 174 N.J. 1 (2002).

The principles enunciated by this court in Shepherd v. Hunterdon Developmental Center, 336 N.J. Super. 395 (App. Div. 2001), upon which we relied in holding the "continuing violation doctrine" tolled the running of the statute of limitations on plaintiff's LAD claim, were affirmed by the Court in Shepherd, supra, 174 N.J. at 7.

Accordingly, we are satisfied our application of those principles is entirely consistent with the Supreme Court's decision.

We reaffirm the judgment of the trial court, except as modified in our prior decision.


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