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CAROLYN SCHNURER, INC. v. STEIN

29 N.J. 498 (1959)

150 A.2d 490

CAROLYN SCHNURER, INC., A CORPORATION OF NEW JERSEY, AND OSCAR SCHMIDT INTERNATIONAL, INC., A CORPORATION OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. MILTON STEIN, ET AL., DEFENDANTS-APPELLANTS. LOUIS LEVINE, PLAINTIFF, v. MILTON STEIN, ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Decided April 20, 1959.

Attorney(s) appearing for the Case

Mr. Bernard Shurkin argued the cause for plaintiffs-respondents, Carolyn Schnurer, Inc., etc., et al.

Mr. Jerome S. Lieb argued the cause for defendants-appellants, Max Bernstein and Best Realty Company, and Milton Stein and Isadore Stein.

The opinion of the court was delivered by FRANCIS, J.

In this negligence action, which was instituted on May 28, 1955, the parties at pretrial conference agreed upon a trial without a jury. The stipulation was incorporated in the order which was signed by them and by the court. Such trial was had and at the conclusion of the plaintiffs' proof, a motion for involuntary dismissal was granted. Appeal resulted in a reversal and...

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