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BUNICONTRA v. DUVAL

53 N.J. Super. 518 (1959)

147 A.2d 812

MARIANNA BUNICONTRA, ADMINISTRATRIX AD PROSEQUENDUM OF DIULIO MARTINO, DECEASED, PLAINTIFF-APPELLANT, v. FRANCIS A. DUVAL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1959.

Attorney(s) appearing for the Case

Mr. Harry Chashin argued the cause for plaintiff-appellant (Messrs. Marcus & Levy, attorneys).

Mr. Louis Santorf argued the cause for defendant-respondent (Mr. J. Chester Massinger, attorney).

Before Judges PRICE, SCHETTINO and HALL.

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

Plaintiff instituted this action in the county court, law division, as administratrix ad prosequendum to recover damages for the death of her husband Diulio Martino, who drowned while a patron of defendant on the latter's premises operated by him commercially as a recreational area. Martino's death was alleged by plaintiff to have been caused by defendant's negligence. At the conclusion of the presentation...

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