RAPPAPORT v. NICHOLS, ET AL.


103 N.J. Super. 445 (1968)

247 A.2d 495

SELMA RAPPAPORT, GENERAL ADMINISTRATRIX OF THE ESTATE OF ARTHUR RAPPAPORT, DECEASED, AND SELMA RAPPAPORT, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ARTHUR RAPPAPORT, DECEASED, PLAINTIFF-RESPONDENT, v. ROBERT NICHOLS, MARY NICHOLS, HUB BAR, INC., A NEW JERSEY CORPORATION, MURPHY'S TAVERN, INC., A NEW JERSEY CORPORATION, NATHAN SWEET AND SOLOMON LUSTIG, INDIVIDUALLY AND AS CO-PARTNERS TRADING AS NATE'S TAVERN, EL MOROCCO COCKTAIL BAR, INC., A NEW JERSEY CORPORATION, AND LEONARD BRITTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1968.


Attorney(s) appearing for the Case

Mr. Ronald B. Atlas argued the cause for appellant Robert Nichols.

Mrs. Janet W. Freeman argued the cause for respondent (Mr. Fred Freeman, attorney).

Before Judges CONFORD, KILKENNY and LEONARD.


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

Judge Barrett, on August 17, 1961, found that defendant's conduct, in driving while he was intoxicated, was under the totality of the circumstances, "wilful and malicious as the terms are used in the Bankruptcy Act." Consequently, the judge denied defendant's motion to stay, pending his bankruptcy proceeding, the execution against his wages issued to satisfy a judgment in a negligence action. This finding was...

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