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CLARE v. FLIEGEL

74 N.J. Super. 31 (1962)

180 A.2d 404

H. GLENN CLARE AND HELEN A. CLARE, PLAINTIFFS, v. HERBERT V. FLIEGEL, RUTH FLIEGEL AND LILLIAN B. CARLIN, EXECUTRIX OF THE ESTATE OF FRANCIS M. CARLIN, JR., DECEASED, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Cape May County Court, Law Division.

Decided April 6, 1962.

Attorney(s) appearing for the Case

Mr. Leonard Horn, attorney for defendants Fliegel.

Mr. Nathan C. Staller, attorney for defendant Carlin.

No appearance for plaintiff.

CAFIERO, J.S.C.

Plaintiffs Clare filed suit in the Cape May County Court on August 10, 1961 alleging that the defendants Fliegel and Carlin negligently caused an accident resulting in injury and damage to the plaintiffs. The accident is alleged to have occurred on September 3, 1959.

Although the plaintiffs originally joined the defendants Fliegel and Carlin, only the Carlins were actually served with the original summons and complaint.

The Carlins...

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