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OSTROSKI v. MOUNT PROSPECT SHOPRITE, INC.

94 N.J. Super. 374 (1967)

228 A.2d 545

CHRISTINE OSTROSKI, AN INFANT BY HER GUARDIAN AD LITEM EDITH OSTROSKI AND EDITH OSTROSKI, INDIVIDUALLY, PLAINTIFFS - RESPONDENTS AND CROSS-APPELLANTS, v. MOUNT PROSPECT SHOPRITE, INC., PILGRIM PIECE DYE WORKS, INC., EAST LANE, INC. AND LEON PINES, DEFENDANTS - APPELLANTS AND CROSS-RESPONDENTS, AND MICHAEL J. CISERO, DEFENDANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1967.

Attorney(s) appearing for the Case

Mr. Hugh J. O'Gorman argued the cause for defendants-appellants and cross-respondents (Mr. Raymond L. Cunneen, attorney).

Mr. Sherwin Drobner argued the cause for plaintiffs-respondents and cross-appellants.

Mr. John L. McDermott argued the cause for defendant and cross-respondent Michael J. Cisero (Messrs. Gaffey & Webb, attorneys).

Before Judges SULLIVAN, KOLOVSKY and CARTON.

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

On April 29, 1963 plaintiffs instituted this personal injury negligence action against defendant Michael J. Cisero, the driver of an automobile which struck infant plaintiff Christine on December 27, 1961 while she was on a sled in the middle of Mount Prospect Place in Newark. Christine had coasted down a snow-covered slope into the roadway. The short slope extended from the rear of a Shop-Rite food market...

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