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STILLWELL v. McGRATH

85 N.J. Super. 252 (1964)

204 A.2d 385

GERALD STILLWELL, AN INFANT, BY HIS GUARDIAN AD LITEM, SARAH E. STILLWELL, AND SARAH E. STILLWELL, INDIVIDUALLY, PLAINTIFFS, v. MARGARET A. McGRATH, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. THOMAS ANTOZZESKI, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 26, 1964.

Attorney(s) appearing for the Case

Messrs. Kisselman, Devine, Deighan & Montano (Mr. Arthur Montano appearing), attorneys for Thomas Antozzeski, third-party defendant, for the motion.

Mr. George D. Rothermel, attorney for Margaret A. McGrath, defendant and third-party plaintiff, contra.

WOOD, A.C., J.C.C. (temporarily assigned).

This case is before the court on motion by Thomas Antozzeski, the third-party defendant, for summary judgment of dismissal of the third-party complaint filed against him in the cause.

From the pleadings and admissions on file (R.R. 4:58-3) the following facts appear:

On or about December 8, 1962 the minor plaintiff, Gerald Stillwell, was a volunteer fireman...

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