MITCHELL v. SIMMONS


164 N.J. Super. 511 (1978)

397 A.2d 358

EVA MITCHELL, PLAINTIFF-APPELLANT, v. ARNETT SIMMONS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1978.


Attorney(s) appearing for the Case

Messrs. Klitzman, Klitzman & Gallagher, attorneys for appellant (Mr. Louis Garippo, Jr., on the brief).

Messrs. Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys for respondent (Mr. Michael J. Cernigliaro on the brief).

Before Judges PRESSLER and KING.


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

Plaintiff appeals from the trial court's dismissal of her personal injury action at the conclusion of her case. Plaintiff was a tenant under a month-to-month oral lease of a second-floor apartment located in a single-family dwelling unit in the City of Asbury Park. Plaintiff first began living in the apartment in 1958. In December 1974 she tripped and fell on defective linoleum flooring in her private hallway...

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