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MINOT v. HOYT BROTHERS, INC.

53 N.J. Super. 332 (1958)

147 A.2d 92

HERBERT S. MINOT, PLAINTIFF, v. HOYT BROTHERS, INC., A CORPORATION OF NEW JERSEY, AND, IN THE ALTERNATIVE, DANIEL B. HOYT, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 12, 1958.

Attorney(s) appearing for the Case

Messrs. Hannoch, Weinstein, Myers & Stern (Mr. Morris Weinstein, appearing), attorneys for plaintiff.

Messrs. Bracken & Walsh (Mr. Joseph F. Walsh, appearing), attorneys for defendants.

MASUCCI, J.C.C. (temporarily assigned).

This application involves a motion by the defendant for summary judgment of dismissal. Defendant contends that the pleadings, affidavits and exhibits show palpably that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment as a matter of law.

With reference to the first and second counts of the complaint, the case of Tanenbaum v. Sylvan Builders, Inc.,

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