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GIORDANO v. MARIANO

112 N.J. Super. 311 (1970)

271 A.2d 20

FRANK GIORDANO, BY HIS GUARDIAN AD LITEM JOHN GIORDANO AND JOHN GIORDANO, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. VIRGINIA HARRIS MARIANO AND THE ESTATE OF DANIEL HARRIS, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 1970.

Attorney(s) appearing for the Case

Messrs. Schlesinger, Manuel and Schlosser, for appellants (Mr. Alfred A. Faxon, III, on the brief).

Messrs. Taylor, Bischoff, Williams & Martin, for respondents (Mr. G. Paul Crawshaw, of counsel and on the brief).

Before Judges LEWIS, MATTHEWS and MINTZ.

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

Plaintiffs appeal from a judgment dismissing their complaint following a motion for involuntary dismissal at the close of plaintiffs' case.

In passing upon defendants' motion to dismiss, the court was required to consider the proofs in the light most favorable to plaintiffs and to accord them the benefit of the most favorable inferences reasonably to be drawn from the proofs. If viewed in this light reasonable...

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