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BAER v. SORBELLO

177 N.J. Super. 182 (1981)

425 A.2d 1089

BYRON M. BAER AND ANNE S. BAER, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. MICHAEL SORBELLO, FRED SORBELLO, ROSARIO SORBELLO, INDIVIDUALLY AND ROSARIO SORBELLO & SONS, A PARTNERSHIP AND MARCOS PORTOLATIN, DEFENDANTS-APPELLANTS. ALEX MORRISEY, PLAINTIFF-RESPONDENT, v. MICHAEL SORBELLO, FRED SORBELLO, ROSARIO SORBELLO, INDIVIDUALLY AND ROSARIO SORBELLO & SONS, A PARTNERSHIP AND MARCOS PORTOLATIN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Ronald F. Esposito argued the cause for appellants.

Alan Silber argued the cause for respondents (Alan Silber and Brown & Brown, attorneys; H. Richard Chattman, on the brief).

Jeffrey E. Fogel submitted brief for amicus curiae American Civil Liberties Union of New Jersey.

Before Judges SEIDMAN, ANTELL and LANE.

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

Plaintiffs brought this action to recover damages for malicious prosecution and for personal injury resulting from an alleged assault and battery sustained on lands owned and operated by defendants. Defendants denied liability and counterclaimed for trespass. The relevant facts were found by the trial judge in his letter opinion of May 3, 1978 in the following language:

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