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PALCSEY v. TEPPER

71 N.J. Super. 294 (1962)

176 A.2d 818

OLVEIRA PALCSEY, AN INFANT, AND LINDA PALCSEY, AN INFANT, BY THEIR GUARDIAN AD LITEM, ELVIRA PALCSEY, AND ELVIRA PALCSEY, INDIVIDUALLY, PLAINTIFFS, v. MARY TEPPER, SOLE EXECUTRIX OF THE ESTATE OF JOSEPH PALCSEY, DECEASED, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 5, 1962.

Attorney(s) appearing for the Case

Mr. Harold G. Smith argued the cause for the plaintiffs (Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys).

Mr. Richard D. Porter argued the cause for the defendant (Mr. Frank P. Zimmer, attorney).

MARIANO, J.S.C.

Defendant seeks an order to strike plaintiffs' complaint on the ground that it fails to state a cause of action upon which relief can be granted.

On November 9, 1958 the infant plaintiffs, Olveira Palcsey and Linda Palcsey, unemancipated minors, were passengers in a car owned and operated by their father, Joseph Palcsey, when a collision occurred in which their father was killed and the infants injured. Suit was instituted on behalf of the...

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