CECCATO v. CHIARA


4 N.J. Super. 140 (1949)

66 A.2d 548

CATHERINE CECCATO, PLAINTIFF-APPELLANT, v. LUCY CHIARA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1949.


Attorney(s) appearing for the Case

Mr. John J. Rafferty (Messrs. Rafferty & Blacher, attorneys) argued the cause for the plaintiff-appellant.

Mr. Harry E. Walburg (Messrs. Cox & Walburg, attorneys) argued the cause for the defendant-respondent.

Before Judges McGEEHAN, DONGES and COLIE.


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

Appeal is taken from a judgment of dismissal on motion of defendant based upon the pleadings and opening statement of the facts to the jury by plaintiff's attorney.

Plaintiff alleges, by her complaint and on opening to the jury, that in 1939 an apartment was occupied by her father, her mother and herself, then 13 years of age, as members of a family. That defendant acquired the premises and entered into...

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