GENITO v. RABINOWITZ


93 N.J. Super. 225 (1966)

225 A.2d 590

JAMES G. GENITO, PLAINTIFF-APPELLANT, v. MORTON S. RABINOWITZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1966.


Attorney(s) appearing for the Case

Mr. St. Elmo Ferrara argued the cause for plaintiff.

Mr. Milton M. Breitman argued the cause for defendant.

Before Judges GAULKIN, LEWIS and LABRECQUE.


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

Plaintiff Genito filed a complaint containing four counts. At the pretrial, the trial court on its own motion struck out the last three counts, making the judgment appealable pursuant to R.R. 4:55-2. Plaintiff appeals. We affirm.

The first count was for malicious prosecution. It alleged that defendant made a complaint under oath in a municipal...

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