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DESKOVICK v. PORZIO

78 N.J. Super. 82 (1963)

187 A.2d 610

MICHAEL DESKOVICK AND PETER DESKOVICK, JR., PLAINTIFFS-APPELLANTS, v. RALPH PORZIO, EXECUTOR OF THE ESTATE OF PETER DESKOVICK, SR., DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1963.

Attorney(s) appearing for the Case

Mr. Bertram Polow argued the cause for appellants (Mr. Louis R. Lombardino, attorney; Mr. Robert Taigman, on the brief).

Mr. Myron J. Bromberg argued the cause for respondent (Messrs. Porzio, Bromberg & Newman, attorneys; Mr. Ralph Porzio, on the brief).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

The issue here is one of asserted liability of the defendant executor for reimbursement of plaintiffs, sons of the decedent, for payments by them of medical and hospital expenses arising out of the father's last illness. The appeal is from a judgment of involuntary dismissal with prejudice ordered by the trial judge at the end of the case, thereby precluding consideration of the issues by a jury.

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