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ELLIS v. CAPRICE

96 N.J. Super. 539 (1967)

233 A.2d 654

HOWARD ELLIS, ADMINISTRATOR, ETC., PLAINTIFF-APPELLANT, v. ROSE CAPRICE AND THOMAS CAPRICE, DEFENDANTS-RESPONDENTS. PATRICIA ELLIS, INFANT, ETC., PLAINTIFF-APPELLANT, v. ROSE CAPRICE AND THOMAS CAPRICE, DEFENDANTS-RESPONDENTS. HOWARD FRIDAY, ETC., ET AL., PLAINTIFFS-APPELLANTS, v. ROSE CAPRICE AND THOMAS CAPRICE, DEFENDANTS-RESPONDENTS. ALBERTA FRIDAY, ETC., PLAINTIFF-APPELLANT, v. ROSE CAPRICE AND THOMAS CAPRICE, DEFENDANTS-RESPONDENTS. CHARLES ELLIS, ADMINISTRATOR, ETC., PLAINTIFF-APPELLANT, v. ROSE CAPRICE AND THOMAS CAPRICE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 1, 1967.

Attorney(s) appearing for the Case

Mr. Bernard Chazen argued the cause for appellants (Mr. Irving J. Rosenberg, attorney; Messrs. Baker, Garber, Chazen & Duffy, of counsel; Mr. Nathan Baker and Mr. Chazen, on the brief).

Mr. Jerome S. Lieb argued the cause for respondents (Messrs. Harkavy & Lieb, attorneys; Mr. Abraham I. Harkavy and Mr. Lieb, of counsel).

Before Judges LEWIS, LABRECQUE and CARTON.

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

These five actions arose out of a tragic fire in a tenement house owned and operated by defendants, located on Wallace Street, Newark, on August 27, 1963, in which six persons died and five sustained personal injuries. Plaintiff Howard Ellis brought suit as administrator ad prosequendum of the estates of Pearl Ellis and Anthony Ellis, and, in a separate action, he sued as guardian ad litem of...

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