FIORE v. SEARS, ROEBUCK & CO.


144 N.J. Super. 74 (1976)

364 A.2d 572

ANTHONY FIORE, PLAINTIFF, v. SEARS, ROEBUCK AND COMPANY, ALBERT MONGELUZZO AND ROBERT BERRY, JR., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 20, 1976.


Attorney(s) appearing for the Case

Mr. Michael Vannella for plaintiff (Messrs. Lipman, Antonelli, Batt & Dunlap, attorneys).

Mr. Bennett I. Bardfeld for defendant Sears, Roebuck and Company.


MILLER, J.C.C., Temporarily Assigned.

This is an action wherein defendant moves for summary judgment on one of four counts of a complaint on the grounds that the count fails to state a cause of action. This count alleges that plaintiff has undergone extreme mental anguish as a result of (1) defendant's failure to conform to its guarantee with respect to the installation of a roof and the multiple efforts made by him...

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