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DELLA CERRA v. BURNS

69 N.J. Super. 110 (1961)

173 A.2d 564

EMILIA DELLA CERRA, BY HER GUARDIAN AD LITEM, ANNA DELLA CERRA, PLAINTIFF-RESPONDENT, v. EDWARD BURNS, DEFENDANT AND THIRD PARTY PLAINTIFF-RESPONDENT, v. RAY VERMAREC, INDIVIDUALLY AND T/A RAY'S SERVICE STATION, THIRD PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1961.

Attorney(s) appearing for the Case

Mr. Carl Greenberg argued the cause for third party defendant-appellant Ray Vermarec (Messrs. Schreiber, Lancaster and Demos and Mr. John W. Hayden, Jr., attorneys).

Mr. Jerome L. Yesko argued the cause for plaintiff-respondent Emilia Della Cerra.

Mr. Herman W. Steinberg argued the cause for defendant and third party plaintiff-respondent Edward Burns.

Before Judges CONFORD, FREUND and KILKENNY.

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

Plaintiff Della Cerra sued defendant Burns, owner of an automobile, for damages to her own automobile resulting from Burns' car's being run into it, while parked, by a person unknown. Burns filed a third-party complaint against defendant Vermarec (doing business as Ray's Service Station). Della Cerra then amended her complaint to join Vermarec as a direct defendant. The action was tried to a jury in the Passaic...

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