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CARUSO v. MONSCHEIN

24 N.J. Super. 55 (1952)

93 A.2d 576

ARMOND J. CARUSO, PLAINTIFF-RESPONDENT, v. JOSEPH MONSCHEIN, DEFENDANT-APPELLANT, AND SADIE A. MONSCHEIN AND MAX KRIEGER, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1952.

Attorney(s) appearing for the Case

Mr. Samuel Milberg argued the cause for defendant-appellant (Mr. George Clott, attorney).

Mr. Jack Prizzia argued the cause for plaintiff-respondent.

Before Judges McGEEHAN, JAYNE and CONLON.

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

The plaintiff sued to recover for damage done to merchandise in his store, caused by water which leaked from the store roof into the store after a rain storm. His suit was dismissed as to the defendants Sadie A. Monschein and Max Krieger, but proceeded to judgment in his favor against the defendant Joseph Monschein, and the latter appeals.

The plaintiff, as tenant of the store premises, sued Joseph...

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