McANDREW v. MULARCHUK


56 N.J. Super. 219 (1959)

152 A.2d 372

WILLIAM F. McANDREW, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF ROBERT McANDREW, AN INFANT, AND FRANCES McANDREW, PLAINTIFFS-APPELLANTS, v. ANDREW MULARCHUK, SHIRLEY SIEGEL, TRADING AS CLUB MIAMI, AND BOROUGH OF KEANSBURG, A MUNICIPALITY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1959.


Attorney(s) appearing for the Case

Mr. Prospero DeBona argued the cause for plaintiffs-appellants (Messrs. Milton, McNulty and Augelli, attorneys).

Mr. Joseph V. Cullum argued the cause for defendant-respondent (Messrs. Townsend and Doyle, attorneys).

Before Judges GOLDMANN, CONFORD and HANEMAN.


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

The action is brought to recover damages for and in consequence of a gunshot wound sustained by the minor plaintiff, Robert McAndrew (hereinafter referred to as plaintiff), who was 17 years of age at the time of the events which concern us. Although plaintiffs recovered verdicts aggregating $8,000 for compensatory and punitive damages against the defendant Andrew Mularchuk, they are aggrieved at the dismissal...

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