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PALUMBO v. COLLITO

42 N.J. Super. 436 (1956)

127 A.2d 27

ANTHONY PALUMBO, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF SAM Z. SBARAGLIA, DECEASED, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT. v. MICHAEL B. COLLITO, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF THOMAS A. COLLITO, DECEASED, SAMUEL COLLITO, JR., MICHAEL B. COLLITO, ANNA COLLITO AND LOUIS COLLITO, DOING BUSINESS AS VICTOR FLUSH VALVE CO., DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1956.

Attorney(s) appearing for the Case

Mr. Ralph G. Mesce argued the cause for appellants and cross-respondents.

Mr. Daniel Leff argued the cause for respondent and cross-appellant.

Before Judges GOLDMANN, FREUND and CONFORD.

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

After this action was tried in the Essex County Court, the pleadings were amended to designate the parties defendant as "Samuel Collito, Jr., Michael B. Collito, and Michael B. Collito, trustee for Anna Collito and Louis Collito, doing business as Victor Flush Valve Co., and Michael B. Collito, executor under the last will and testament of Thomas A. Collito, deceased." The County Court entered judgment in...

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