PLAGA v. FOLTIS


88 N.J. Super. 209 (1965)

211 A.2d 391

RUDY PLAGA, PLAINTIFF-APPELLANT, v. GEORGE FOLTIS, T/A ROXY RESTAURANT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1965.


Attorney(s) appearing for the Case

Mr. Vincent J. Agresti argued the cause for appellant.

Mr. Robert R. Witt argued the cause for respondent (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. H. Frank Carpentier, on the brief).

Before Judges GAULKIN, FOLEY and COLLESTER.


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

Plaintiff appeals from a Law Division judgment of involuntary dismissal entered at the close of plaintiff's case. The matter was tried before a jury.

The proofs disclosed that on February 9, 1962, at about 6:15 P.M., plaintiff was a patron of defendant's restaurant. From the evidence and the oral argument we gather that the restaurant was laid out as follows: In the front portion there was a counter at...

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