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NISIVOCCIA v. ADEMHILL ASSOCIATES

286 N.J. Super. 419 (1996)

669 A.2d 822

ANTOINETTE NISIVOCCIA, AN INDIVIDUAL AND LAWRENCE NISIVOCCIA, HER HUSBAND, PER QUOD, PLAINTIFFS-RESPONDENTS, v. ADEMHILL ASSOCIATES, A BUSINESS ENTITY, AND JACKSON CROSS COMPANY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1996.

Attorney(s) appearing for the Case

John F. O'Donnell argued the cause for appellant (O'Toole and Couch, attorneys; William L. O'Reilly, on the brief).

Neil A. Malvone argued the cause for respondent (Lombardi & Lombardi, attorneys; Mr. Malvone, on the brief).

Before Judges PETRELLA and P.G. LEVY.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

This appeal deals with the application of the procedures in State v. Clawans, 38 N.J. 162, 183 A.2d 77 (1962), in a civil case, as they pertain to summation comments by one party about the failure of an adversary to produce a witness at trial, and where there is no request for an adverse inference charge.

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