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PORTAGE INSULATED PIPE CO. v. COSTANZO

114 N.J. Super. 164 (1971)

275 A.2d 452

PORTAGE INSULATED PIPE COMPANY, PLAINTIFF-APPELLANT, v. ANTHONY COSTANZO, BARBARA COSTANZO AND LUCILLE COSTANZO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental briefs submitted March 15 and 22, 1971.

Decided March 31, 1971.

Attorney(s) appearing for the Case

Mr. Russell H. Hulsizer argued the cause for appellant.

Mr. Edward J. Toy argued the cause for respondents.

Before Judges CONFORD, KOLOVSKY and CARTON.

PER CURIAM.

We conclude from our examination of the record that the trial court erred in granting defendants' motion to dismiss at the close of the plaintiff's case.

Contrary to what the trial court ruled, the evidence offered by plaintiff, together with the legitimate inferences therefrom, cf. R. 4:37-2(b), could sustain a finding that Allstate Plumbing Corporation was insolvent in 1966 when $28,000 of its funds were used to pay debts allegedly due...

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