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SOLE v. CLIFTON COLONIAL GARDENS, INC.

14 N.J. Super. 575 (1951)

82 A.2d 633

FRANKLIN SOLE, BY HIS GUARDIAN AD LITEM, VINCENT SOLE, VINCENT SOLE, INDIVIDUALLY, AND EDNA SOLE, PLAINTIFFS-APPELLANTS, v. CLIFTON COLONIAL GARDENS, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 1, 1951.

Attorney(s) appearing for the Case

Mr. Hyman W. Rosenthal argued the cause for plaintiffs-appellants (Messrs. Marcus & Levy, attorneys. Mr. Harry Chashin and Mr. Max D. Forrest on the brief).

Mr. Gerald T. Foley argued the cause for the defendant-respondent.

Before Judges EASTWOOD, LLOYD and STANTON.

The opinion of the court was delivered by STANTON, J.S.C.

This is an appeal from a judgment of the Essex County Court dismissing the complaint in a negligence action upon the plaintiffs' opening.

Following the motion to dismiss, there was colloquy between the court and counsel and there were certain photographs marked as exhibits for plaintiffs and by stipulation these were all made part of the opening.

It appears from the plaintiffs' opening as broadened...

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