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ZIZI v. GABRIELE D'ANNUNZIO LODGE NO. 22

14 N.J. Super. 200 (1951)

83 A.2d 334

LENA ZIZI AND PETER ZIZI, PLAINTIFF-APPELLANTS, v. GABRIELE D'ANNUNZIO LODGE NO. 22, ORDER OF SONS OF ITALY IN AMERICA AND ORDER SONS OF ITALY SOCIAL CLUB OF PATERSON, N.J., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1951.

Attorney(s) appearing for the Case

Mr. Hyman W. Rosenthal argued the cause for appellants (Messrs. Marcus & Levy, attorneys). Mr. Harry Chashin of counsel.

Mr. Archibald Kreiger argued the cause for respondents (Messrs. Bluestein & Diamond, attorneys).

Before Judges McGEEHAN, JAYNE and Wm. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

Plaintiff, Lena Zizi, was injured when she fell while descending an interior stairway in defendants' building as a consequence of stepping upon a "slippery" piece of cake which, covered by paper, lay upon one of the steps. She and her husband brought this action which was dismissed upon the trial at the close of their proofs upon the ground that there was no evidence to bring home to defendants...

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