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HERNANDEZ v. VELEZ

267 N.J. Super. 353 (1993)

631 A.2d 590

ENRIQUE HERNANDEZ, PLAINTIFF, v. JUAN VELEZ, ORLANDO CRESPO, MARIA A. BRASCHI AND JOHN DOE (NAME BEING FICTITIOUS), DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Bross, Strickland, Cary & Grossman, Anthony Carbone, for plaintiff.

Robert F. Simon, for defendant.

YANOFF, J.S.C. (retired and temporarily assigned on recall).

The summary judgment motion in the above matter is unopposed. There are two grounds: one, there is no evidence that the stolen vehicle was being operated at the time of the accident by the agent of defendant Braschi; the second is based on Oswin v. Shaw, 129 N.J. 290, 609 A.2d 415 (1992).

The Oswin v. Shaw motion cannot...

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