KUSNER v. HOWARD S. STAINTON CO.


59 N.J. Super. 93 (1960)

157 A.2d 154

MATILDA KUSNER AND ALBERT L. KUSNER, PLAINTIFFS, v. HOWARD S. STAINTON CO., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. OCEAN CITY CHAMBER OF COMMERCE, INC., THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 8, 1960.


Attorney(s) appearing for the Case

Mr. H. Albert Hyett, attorney for plaintiffs.

Mr. Herbert Horn (Messrs. Lloyd, Horn, Megargee & Steedle, attorneys for defendant, Howard S. Stainton Co.).

Mr. Edward Fishman, attorney for Ocean City Chamber of Commerce, Inc., third party defendant.


CAFIERO, J.S.C.

Plaintiffs' attorney retained one Frank Talucci as an expert to develop evidence that the sidewalk on which plaintiff Matilda Kusner fell and which fronted on premises occupied by the third-party defendant was defectively constructed, and in answer to interrogatories submitted his name as a proposed expert witness. The third-party defendant has subpoenaed Mr. Talucci to testify at a deposition hearing. Plaintiffs have moved to quash the subpoena or...

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