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MULLER v. WISE

120 N.J. Super. 527 (1972)

295 A.2d 361

PAULETTE MULLER, PLAINTIFF-APPELLANT, v. BILLY WISE, DEFENDANT AND THIRD PARTY PLAINTIFF, MARINAT REAL ESTATE AND INSURANCE COMPANY, DEFENDANT AND THIRD PARTY PLAINTIFF-RESPONDENT, v. GINETTE CROWTHER, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1972.

Attorney(s) appearing for the Case

Mr. John M. Walsh argued the cause for appellant (Messrs. Schumann, Hession, Kennelly & Dorment, attorneys).

Mr. C. Eugene Godlesky argued the cause for respondent Marinat Real Estate and Insurance Company (Messrs. Schmidt & Godlesky, attorneys).

Before Judges COLLESTER, LEONARD and HALPERN.

PER CURIAM.

Following a trial without jury, plaintiff appeals from a judgment of no cause of action entered by the trial court against her and in favor of defendant Marinat Real Estate and Insurance Company.

In this appeal we are concerned solely with plaintiff's claim for damages to her home and furnishings caused by water which came from pipes that had frozen and then thawed. We hold that the trial court misconceived the duty owed by Marinat to plaintiff...

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