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SHAPIRO v. RICE

5 N.J. Super. 133 (1949)

68 A.2d 563

EMANUEL SHAPIRO, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF HARRY SHAPIRO, DECEASED, PLAINTIFF-RESPONDENT, v. PAULINE S. RICE, DEFENDANT-APPELLANT, AND A. GIBBONS CO., A CORPORATION OF NEW JERSEY, DEFENDANT, AND KAVENY BROS. CO., A CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT, AND ROBERT DARBEN, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1949.

Attorney(s) appearing for the Case

Mr. William H.D. Cox argued the cause for defendant-appellant, Pauline S. Rice (Messrs. Cox & Walburg, attorneys).

Mr. Robert Shaw argued the cause for defendant-respondent, Kaveny Bros. Co. (Messrs. Duggan, Shaw & Hughes, attorneys).

Before Judges McGEEHAN, COLIE and EASTWOOD.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

Defendant Pauline S. Rice appeals from an order entered March 31, 1949, in the Law Division of the Superior Court, which ordered "that the Cross-claim of defendant, Pauline S. Rice, against the defendant, Kaveny Bros. Co., be and the same is hereby stricken."

The defendant Pauline S. Rice filed a cross-claim against the defendant Kaveny Bros. Co., alleging a contingent cause of action based on a...

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