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MUCHELL v. V & V, INC.

263 N.J. Super. 412 (1992)

622 A.2d 1365

LINDA MUCHELL, PLAINTIFF, v. V & V, INC., DEFENDANT, THIRTY-PARTY PLAINTIFF, v. DECOR TRENDS INTERNATIONAL, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided October 23, 1992.

Attorney(s) appearing for the Case

Louis David Balk for plaintiff (Balk, Oxfeld, Mandell & Cohen, attorneys).

Brian C. Harris for third party plaintiffs (Braff, Harris & Sukoneck, attorneys).

Cindy L. Thompson for third party defendants (Edward P. Papalia, Jr., attorney).

WALLS, J.S.C.

By its present motion for a new trial, third party defendant, Decor Trends International, hereinafter known as D.T., provokes this question:

Was the apparent testing-examination by the jury of a physical item of evidence, an aisle directory exemplar, improper and unfairly prejudicial to the defendant and a fair trial?

Research of New Jersey case law indicates that to be an apparently novel inquiry in our jurisdiction.<...

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