M.P. by D.P. v. Wee Care Day Nursery of Maplewood and So. Orange, Inc., 250 N.J.Super. 119, 593 A.2d 799 (App. Div. 1991)

Practice Areas: General Liability

Civil action was brought in connection with nursery teacher’s alleged sexual abuse of child. The Superior Court, Law Division, Essex County, found that “tender years” hearsay exception was not applicable in noncriminal proceeding, and appeal was taken. The Superior Court, Appellate Division, Landau, J.A.D., held that “criminal proceeding” as used in hearsay exception had to be read, under circumstances of instant case as if it stated in “criminal or related proceeding.”

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