Berretta v. Cannon

*149OPINION

CALLINAN, J.S.C.

This matter before the court once again raises the troublesome question of the effect of N.J.S.A. 59:8-8 on third party practice as it pertains to public entities.

Plaintiffs own a duplex property located at 2405 Central Avenue in the City of North Wildwood, which they use on a seasonal basis occupying it in the summer and leaving it unoccupied in the winter. Before vacating the property for the winter, it is plaintiffs’ practice to drain the water from the system to prevent the pipes in the house from freezing. Then, they disconnect the pipes and shut off the water at…