METALSALTS CORP. v. WEISS


71 N.J. Super. 360 (1962)

177 A.2d 53

METALSALTS CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-MOVANT, v. ROBERT O. WEISS, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. JOHN ELLIOTT (AND 6 OTHERS), THIRD-PARTY DEFENDANTS-MOVANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1962.


Attorney(s) appearing for the Case

Mr. Leo Rosenblum argued for the motion.

Mr. George Warren argued against the motion.

Before Judges GOLDMANN, FREUND and FOLEY.


GOLDMANN, S.J.A.D.

The parties agreed at oral argument that if the court grants leave to appeal, it may proceed to determine the appeal on the basis of the appendices and the essential arguments set out in the briefs on file. The court hereby grants leave to appeal.

In our view, the trial court did not have the right to decide, on the basis of the conflicting affidavits before it, that an attorney-client relationship did not exist between defendant Doherty...

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