Tower Marine, Inc. v. City of New Brunswick, 175 N.J.Super. 526, 420 A.2d 1029 (Chancery Div. 1980)

Practice Areas: General Liability

Owner of boat basin and boat yard brought suit against city whose water department opened sluice gate of dam upstream from boat basin and boat yard without notice or warning to plaintiff, thereby causing damage to plaintiff’s property. Following entry of verdict of tort liability in favor of plaintiff, city filed motion for judgment notwithstanding the verdict. The Superior Court, Chancery Division, Middlesex County, Furman, J. S. C., held that governmental-proprietary distinction in municipal tort liability did not survive Tort Claims Act, so that complaint filed against city by owner of boat basin and boat yard two years and eight days after accrual of claim for damage to boat basin and boat yard was barred by Tort Claims Act’s two-year statute of limitations, even if municipal operation of water utility was proprietary function.

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