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GARZA EX REL. FINO v. PAONE

44 N.J. Super. 553 (1957)

131 A.2d 32

JOSEPHINE GARZA, AN INFANT BY JOSEPH GARZA, AS HER GUARDIAN AD LITEM, AND FRANK FINO, PLAINTIFFS-RESPONDENTS, v. NICHOLAS PAONE, BY SOLOMON GOLDMAN, AS HIS GUARDIAN AD LITEM, DEFENDANT-APPELLANT, AND STEPHEN JURCZAK, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Mr. Marvin A. Stern argued the cause for defendant-appellant (Mr. Joseph Persky, attorney).

Mr. Sol Hoberman argued the cause for plaintiffs-respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

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

An action was brought November 23, 1951 by the plaintiff against the defendant Paone and one other person for negligence in the operation of a motor vehicle resulting in injury to the plaintiff while she was riding as a passenger on a motorcycle. There is a conflict as to how the accident happened, but it is immaterial for present purposes.

Paone was 18 1/2 years of age at the institution of the action...

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