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SCHAEFER v. STRELECKI

107 N.J. Super. 7 (1969)

256 A.2d 609

HENRY SCHAEFER AND DOROTHY SCHAEFER, HIS WIFE, PLAINTIFF-APPELLANTS, v. JUNE STRELECKI, DIRECTOR OF THE DIVISION OF MOTOR VEHICLES, DEPT. OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT. HENRY SCHAEFER AND DOROTHY SCHAEFER, PLAINTIFFS-APPELLANTS, v. CECELIA BALDEROSE AND DANIEL BALDEROSE, HER HUSBAND, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 1969.

Attorney(s) appearing for the Case

Mr. Marvin Lieberman argued the cause for appellants Henry Schaefer and Dorothy Schaefer (Messrs. Jacob, Alfred & Richard Levinson, attorneys).

Mr. Newton H. Porter, Jr. argued the cause for respondent June Strelecki, Director, etc. (Messrs. Porter & Hobart, attorneys).

Mr. Michael J. Cernigliari argued the cause for respondents Cecelia Balderose and Daniel Balderose (Messrs. Campbell, Mangini, Foley & Lee, attorneys).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

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

These consolidated appeals involve two inconsistent and irreconcilable verdicts.

Plaintiffs first sued defendants Mr. and Mrs. Balderose (Balderose). The latter denied that their car was involved and affirmed their denial in depositions. They were supported by the deposition of an apparently independent witness, Lynch. They thereupon moved for summary...

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