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HOWE v. GAMBUZZA

15 N.J. Super. 368 (1951)

83 A.2d 466

CLARA HOWE, PLAINTIFF-APPELLANT, v. FRANK GAMBUZZA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1951.

Attorney(s) appearing for the Case

Mr. Lester Miller argued the cause for the plaintiff-appellant (Mr. Anthony J. DeFiore, attorney).

Mr. Alex R. DeSevo argued the cause for the defendant-respondent.

Before Judges WM. A. SMITH, FREUND and WOODS.

The opinion of the court was delivered by WILLIAM A. SMITH, A.J.S.C.

The plaintiff, a middle-aged woman who resided on the first floor of a three-story, six-family dwelling house in Union City, brings this action against the defendant owner of the premises. She had occupied the first floor apartment in the premises for about 11 years, when on December 3, 1949, shortly before 10 P.M., she went upstairs with a friend to make a social visit to Agnes DiCorcia, who occupied...

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