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AUSTER v. KINOIAN

153 N.J. Super. 52 (1977)

378 A.2d 1171

FRANCES AUSTER AND MURRAY AUSTER, PLAINTIFFS-APPELLANTS, v. HELEN KINOIAN, WALTER POWELL, INDIVIDUALLY AND TRADING AS GOLDEN EAGLE ANTIQUES AND POWELL LINDEN CORP., A CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1977.

Attorney(s) appearing for the Case

Mr. William J. Wolf argued the cause for appellants (Messrs. Bathgate & Wegener, attorneys; Mr. Peter H. Wegener on the brief).

Mr. Antranig Aslanian, Jr. argued the cause for respondent Helen Kinoian (Messrs. Gigante & Aslanian, attorneys).

Mr. Richard P. Cushing argued the cause for respondent Powell Linden Corp. (Messrs. Methfessel & Werbel, attorneys).

Before Judges CONFORD, MICHELS and PRESSLER.

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

Plaintiffs appeal from a summary judgment dismissing their negligence complaint against the owner and lessee of the retail premises which abut the public sidewalk upon which plaintiff Frances Auster fell, sustaining the injury which is the gravamen of this action.

We are in full accord with the trial judge's holding that the record before him failed to present any fact or

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