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MEOLA v. GORGA

27 N.J. Super. 390 (1953)

99 A.2d 545

EMILE MEOLA AND ANNA MEOLA, PLAINTIFFS-RESPONDENTS, v. FIORE GORGA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1953.

Attorney(s) appearing for the Case

Mr. J. Mortimer Rubenstein argued the cause for appellant (Messrs. Rubenstein & Kosoff, attorneys).

Mr. James A. Major argued the cause for respondents (Mr. John A. Christie, attorney).

Before Judges EASTWOOD, JAYNE and FRANCIS

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

The present appeal introduces legal rather than factual subjects for consideration. A sketch of the factual premise will suffice.

In January 1950 the plaintiff Emile Meola observed a dwelling house under construction by Park Manor Homes at 0-76 Blue Hill Avenue, Fairlawn, New Jersey. Its interior including the cellar was unfinished and he noticed at the time that upon the earth bottom of the cellar stood...

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