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SNYDER v. I. JAY REALTY CO.

46 N.J. Super. 323 (1957)

134 A.2d 749

MARTIN SNYDER, PLAINTIFF-APPELLANT, v. I. JAY REALTY CO., ETC., ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1957.

Attorney(s) appearing for the Case

Mr. Bernard Chazen argued the cause for plaintiff-appellant (Mr. Theodore Schwartz, attorney; Mr. Nathan Baker, of counsel).

Mr. Milton A. Dauber argued the cause for defendant-respondent I. Jay Realty Co., the landlord (Messrs. Carpenter, Bennett, Beggans & Morrissey, attorneys; Mr. James P. Beggans, of counsel).

Mr. George W. Connell argued the cause for defendants-respondents Arnold Sachs, Isidore Sachs and T. Nulton Sachs, partners, t/a the New Jersey Knitwear Co. and New Jersey Knit Wear Co., a corporation, the alleged tenants (Messrs. Shaw, Pindar, McElroy & Connell, attorneys).

Before Judges CLAPP, JAYNE and HUGHES.

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

This action, to recover damages for personal injuries, was dismissed on the attorney's opening statement to the court and jury upon the ground that the statement did not disclose a cause of action. Plaintiff appeals.

These circumstances did however appear on the opening. The defendants were respectively the owner of a factory building and the tenants whose factory was located on the third floor of the...

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