Supreme Court of New Jersey

Linda Bombace, as Guardian Ad Litem of the Estates of Her Infant Children, John Andaluz, Angelique Cotto, Lavinia…

August 7, 1991125 N.J. 361

Summary

The Supreme Court of New Jersey held that the City of Newark and its employee are absolutely immune from liability under the Tort Claims Act for both the smoke‑detector and heating‑violation claims because the alleged conduct was a non‑action or failure to enforce the law. Accordingly, the court granted summary judgment to the municipal defendants and reversed the Appellate Division’s decision on the heating claim.