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LEVIS v. ZAPOLITZ

72 N.J. Super. 168 (1962)

178 A.2d 44

GERARD LEVIS, AN INFANT BY HIS GUARDIAN AD LITEM, MARGARET LEVIS, AND MARGARET LEVIS, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. GEORGE ZAPOLITZ, TRADING AS GALE SALES CO., AND LESTER STEIN AND ALLEN SETTEL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1962.

Attorney(s) appearing for the Case

Mr. Leonard J. Felzenberg argued the cause for appellant (Messrs. Roskein, Kronisch, Felzenberg and Mandell, attorneys).

Mr. Michael Howard argued the cause for the respondent George Zapolitz.

Mr. Sidney D. Weiss argued the cause for the respondents Lester Stein and Allen Settel (Mr. William Osterweil, attorney).

Before Judges CONFORD, FREUND and LABRECQUE.

The opinion of the court was delivered by LABRECQUE, J.S.C. (temporarily assigned).

This is an appeal from a dismissal of plaintiffs' complaint by the Law Division on the grounds, as stated in the order, of failure "to state a claim upon which relief can be granted and that there is no genuine issue as to any material fact."

On June 21, 1958 plaintiff Gerard Levis, then 15 years of age, was struck in the right...

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