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COSTA v. PEREZ

272 N.J. Super. 108 (1994)

639 A.2d 372

NELLY COSTA, PLAINTIFF, v. VIRGINIA PEREZ, GEORGE LYTWYN AND LEASE AND GO, DEFENDANTS, ZULEMA ORTIZ, PLAINTIFF-APPELLANT, v. VIRGINIA PEREZ, GEORGE LYTWYN AND LEASE AND GO, DEFENDANTS-RESPONDENTS, VIRGINIA PEREZ, PLAINTIFF, v. GEORGE LYTWYN, LEASE AND GO AND JOHN DOE AND ANY OTHER PARTIES WHO MAY BE NECESSARY TO BE BROUGHT INTO THIS PROCEEDING, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1994.

Attorney(s) appearing for the Case

Robert A. Solomon argued the cause for appellant (Daniels & Solomon, attorneys; Joel M. Bacher, on the brief).

Camille Joseph Kassar argued the cause for respondent Virginia Perez (De Yoe, Heissenbuttel & Mattia, attorneys; Mr. Kassar, on the brief).

Randi S. Greenberg argued the cause for respondents George Lytwyn and Lease and Go (Robert A. Auerbach, attorney; Ms. Greenberg of counsel and on the brief).

Before Judges PRESSLER, BROCHIN and KLEINER.

The opinion of the court was delivered by KLEINER, J.S.C., (temporarily assigned)

This is a verbal threshold case in which plaintiff Zulema Ortiz appeals from the grant of summary judgment in favor or defendants.1 The motion judge determined that plaintiff failed to meet the tort threshold requirements embodied in N.J.S.A. 39:6A-8a and described as a Type 9 injury. Oswin v. Shaw, 129 N.J. 290

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