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D'AMATO BY McPHERSON v. D'AMATO

305 N.J. Super. 109 (1997)

MARY D'AMATO, BY P. ARLENE McPHERSON, PLAINTIFF-APPELLANT, v. ROCCO D'AMATO AND RITA D'AMATO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1997.

Attorney(s) appearing for the Case

Gianni Donati argued the cause for appellant.

Joseph J. Sena, Jr. argued the cause for respondents (Stanton & Stieh, attorneys; Mr. Sena, on the brief).

Before PETRELLA, SKILLMAN and WERTHEIMER, JJ.

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

This appeal involves the principles which govern consideration of a motion for summary judgment where a party opposing the motion does not present affidavits or other evidential materials contradicting the moving party's allegations but nevertheless argues that the case presents credibility issues which must be decided by a trier of fact.

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