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SANTOS v. HUBEY CORP.

236 N.J. Super. 608 (1989)

566 A.2d 588

CARMEN SANTOS, HECTOR SANTOS, JR., AN INFANT BY HIS GUARDIAN AD LITEM, HECTOR SANTOS, SR., AND HECTOR SANTOS, SR., INDIVIDUALLY, PLAINTIFFS, v. HUBEY CORPORATION, OTIS ELEVATOR COMPANY, JOHN DOE (A-Z) AND ABC-XYZ INC. (SAID NAMES BEING FICTITIOUS AND USED TO DESIGNATE PERSON(S) OR ENTITY(IES) WHOSE REAL IDENTITIES ARE UNKNOWN, DEFENDANTS. JOSEPH DE RUVO AND FRANCES DE RUVO, HIS WIFE, PLAINTIFFS, v. B.T. EXCHANGE PLACE LTD. PARTNERSHIP, JONES LANG WOOTON CO., WESTINGHOUSE, INCL., ABC CO., AND XYZ CORP. (SAID NAMES BEING FICTITIOUS), JOINTLY, SEVERALLY OR IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division Passaic County.

Decided September 13, 1989.

Attorney(s) appearing for the Case

John F. O'Donnell (David J. Zendell, attorney) for plaintiffs Santos.

Frederick J. Wortmann (Braff, Ertag, Wortmann, Harris & Sokoneck, attorneys) for defendant Otis Elevator Company.

No appearance by Farabaugh, Frieland, Giles & Hillmann, attorneys for defendant Hubey Corp.

Larry Pollack attorney for plaintiffs De Ruvo.

James L. Sonageri (Sonageri, Pearce, Siegel & Wille, Attorneys) for defendant, Westinghouse Elevator Company.

OPINION

KESTIN, J.S.C.

These matters arise on motions for summary judgment in two personal injury cases in which the plaintiffs allege injuries resulting from the malfunction of elevator equipment. The movant in the Santos case is co-defendant Otis Elevator Company. The movant in the De Ruvo case is co-defendant Westinghouse Elevator Company. In each case the motion is based upon the 10-year...

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