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SURNACK v. SURNACK

116 N.J. Super. 294 (1971)

282 A.2d 66

OLGA SURNACK, PLAINTIFF, v. RICHARD SURNACK AND CONSOLIDATED FREIGHTWAYS, A CORPORATION OF DELAWARE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 30, 1971.

Attorney(s) appearing for the Case

Messrs. Cohn & Lifland, attorneys for plaintiff, did not appear.

Mr. Anthony J. Andolino for defendant Richard Surnack (Messrs. Michels, Schwartz & Maher, attorneys).

Mr. John R. Leith for defendant Consolidated Freightways (Messrs. Mattson, Madden, Polito & Loprete, attorneys).

SIMPSON, J.C.C. (temporarily assigned).

For purposes of this motion by defendant Richard Surnack for summary judgment, the material facts are not in dispute. Surnack was employed by defendant Consolidated Freightways. He drove his "company car" from his home to Sears-Roebuck to have the air conditioner repaired. When it developed that the car would be there all day, he called his employer for instructions and was told to have his wife pick him up, take her home, and...

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