GAIDO v. WEISER


115 N.J. 310 (1989)

558 A.2d 845

ANNA GAIDO, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF PETER GAIDO, PLAINTIFF-APPELLANT, v. SHELDON WEISER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 15, 1989.


Attorney(s) appearing for the Case

Zane Bouregy argued the cause for appellant.

Milton Gurny argued the cause for respondent (Hein, Smith, Berezin, Maloof & Spinella, attorneys; Milton Gurny and Carla H. Madnick, on the brief).


PER CURIAM.

The judgment is affirmed substantially for the "plain error" reason expressed in the majority opinion of the Appellate Division. We agree that "[t]o now reverse this judgment because the trial court on its own did not define proximate cause in terms of `substantial possibility' * * * would also offend fundamentally sound principles of appellate review and would be `manifestly unfair to the defendant ... to say...

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