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BARKLEY v. FOSTER ESTATES, INC.

121 N.J. Super. 453 (1971)

297 A.2d 856

WALTER L. BARKLEY, PLAINTIFF-APPELLANT, v. FOSTER ESTATES, INC., DEFENDANT-RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1971.

Attorney(s) appearing for the Case

Mr. Peter Shebell, Jr. argued the cause for appellant (Mr. Thomas F. Shebell, attorney; Mr. Andrew P. Vecchione, on the brief).

Mr. Granville D. Magee argued the cause for respondent (Messrs. Mirne, Nowels, Tumen, Fundler & Magee, attorneys).

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

The judgment of the Law Division is affirmed. Plaintiff failed to prove that defendant or a predecessor in title constructed the sidewalk on which he fell. Orlik v. DeAlmeida, 45 N.J.Super. 403 (App. Div. 1957), Murray v. Michalak, 58 N.J. 220 (1971).

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