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LOEW'S INC. v. SOMERVILLE DRIVE-IN THEATRE CORP.

54 N.J. Super. 224 (1959)

148 A.2d 599

LOEW'S INCORPORATED, PLAINTIFF-RESPONDENT, v. SOMERVILLE DRIVE-IN THEATRE CORPORATION, DEFENDANT-APPELLANT, AND SEVEN OTHER CONSOLIDATED ACTIONS: PARAMOUNT FILM DISTRIBUTING CORPORATION, WARNER BROS. PICTURES DISTRIBUTING CORPORATION, TWENTIETH CENTURY-FOX FILM CORPORATION, UNITED ARTISTS CORPORATION, COLUMBIA PICTURES CORPORATION, UNIVERSAL FILM EXCHANGES, INC., RKO TELERADIO PICTURES, INC., PLAINTIFFS-RESPONDENTS, v. SAME DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1959.

Attorney(s) appearing for the Case

Mr. Monroe E. Stein argued the cause for appellant.

Mr. Willard G. Woelper argued the cause for respondents (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys; Messrs. Sargoy & Stein (Mr. Edward A. Sargoy and Mr. John F. Whicher) of New York Bar, of counsel).

Before Judges GOLDMANN, FREUND and HANEMAN.

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

This is an appeal, taken by leave granted pursuant to R.R. 2:2-3, from an order of the Superior Court, Law Division, striking as insufficient in law (R.R. 4:12-6) the affirmative defense interposed in each of eight consolidated actions. Four were commenced in the district court and the rest in the Law Division; all eight were consolidated in the Superior Court. The cases present identical questions...

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