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WINKLER v. HARTFORD ACC. AND IND. CO.

66 N.J. Super. 22 (1961)

168 A.2d 418

HELEN WINKLER AND HENRY C. WINKLER, PLAINTIFFS-APPELLANTS, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, A FOREIGN CORPORATION, AND AETNA CASUALTY AND SURETY COMPANY, A FOREIGN CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Mr. Walter L. Smith, Jr., argued the cause for the appellants (Messrs. Armstrong & Geller, attorneys).

Mr. Michael Patrick King argued the cause for the respondents (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Before Judges GOLDMANN, FOLEY and FULOP.

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

This is an appeal from the action of the trial court in dismissing plaintiffs' complaint with prejudice on motion "on the grounds that the complaint states no valid cause of action."

The parties filed affidavits and the motion was apparently considered as one for summary judgment pursuant to R.R. 4:58. That being the case, the language of our Supreme Court in Frank Rizzo...

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