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ZINCK v. WHELAN

120 N.J. Super. 432 (1972)

294 A.2d 727

ROGER ZINCK, ELINOR M. ZINCK, AND MARY A. SCHOUDT, PLAINTIFFS-APPELLANTS, v. ROBERT WHELAN, KENNETH J. SCHOUDT, AND PATRICK SCHOUDT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 1972.

Attorney(s) appearing for the Case

Mr. H. Hurlburt Tomlin argued the cause for appellants (Messrs. Tomlin and Lewis, attorneys).

Mr. Ernest F. Picknally argued the cause for respondents (Messrs. Schuenemann & Picknally, attorneys).

Before Judges CONFORD, MATTHEWS and FRITZ.

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

Plaintiffs appeal from grant of summary judgment in favor of defendants Schoudt. Although the judgment is technically interlocutory and should therefore have been the subject of a motion for leave to appeal, we grant leave to appeal on our own motion nunc pro tunc and reverse. We hold the case should have gone to trial on the factual issues of negligence...

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