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GIBILTERRA v. ROSEMAWR HOMES

32 N.J. Super. 315 (1954)

108 A.2d 295

VIRGIL GIBILTERRA, PLAINTIFF-APPELLANT, v. ROSEMAWR HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 4, 1954.

Attorney(s) appearing for the Case

Mr. Samuel Doan argued the cause for plaintiff-appellant (Mr. Archibald Kreiger on the brief).

Mr. James B. Emory argued the cause for defendant-respondent Rosemawr Homes, Inc. (Messrs. Emory, Langan & Lamb, attorneys; Mr. James J. Langan on the brief).

Mr. William T. McElroy argued the cause for defendants-respondents, United Construction Co. and Francis L. Bayley (Messrs. Shaw, Hughes & Pindar, attorneys; Mr. Robert Shaw on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

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

This was an action for negligence which was dismissed at the close of plaintiff's case, on the ground that he had not made out a cause of action as against any of the three defendants. He appeals.

The defendant, Rosemawr Homes, Inc., was engaged in developing certain of its property. It hired or rented from the defendant, United Construction Co., Inc...

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