PITARESI v. APPELLO


17 N.J. Super. 278 (1952)

85 A.2d 829

ROSE PITARESI, ET AL., PLAINTIFFS, v. GRACE APPELLO, EXECUTRIX, ETC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Hudson County Court Law Division.

Decided January 8, 1952.


Attorney(s) appearing for the Case

Mr. Dominick R. Rinaldi, attorney for plaintiffs (Mr. Alfred Brenner, of counsel).

Mr. Emil W.A. Schumann, attorney for defendants.


PROCTOR, J.S.C.

For the purpose of expediting the trial of the above cause, by settling in advance whether the plaintiffs have a cause of action, it was agreed that the plaintiffs' attorney would make the following opening to the court:

"On November 2nd, 1948, defendant was the owner of premises designated as No. 199 Eighth Street in Hoboken, New Jersey.

At 2:45 P.M. during the hours of daylight (between sunrise and sunset) on a dreary dismal day,...

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