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MATTERO v. SILVERMAN

79 N.J. Super. 449 (1963)

191 A.2d 797

LEWIS MATTERO, PLAINTIFF-APPELLANT, v. DAVID SILVERMAN AND WILLIAM WIMBERLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1963.

Attorney(s) appearing for the Case

Mrs. Janet W. Freeman argued the cause for the plaintiff (Mr. Fred Freeman, attorney).

Mr. John F. Ryan argued the cause for the defendants (Messrs. Ryan, Saros, Davis & Stone, attorneys).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

After our previous opinion in this case, reported in 71 N.J.Super. 1 (App. Div. 1961), certification denied 36 N.J. 305 (1962), the case was tried again. After plaintiff rested, the trial court granted defendants' motion for dismissal, on the grounds that plaintiff had not established a prima facie case of defendants' negligence...

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