KONITCH v. HARTUNG


81 N.J. Super. 376 (1963)

195 A.2d 649

JOSEPHINE KONITCH, AND NENAD KONITCH, PLAINTIFFS-APPELLANTS, v. ALBERT E. HARTUNG, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1963.


Attorney(s) appearing for the Case

Mr. David Shapiro argued the cause for appellants.

Mr. Robert J.C. McCoid argued the cause for respondent (Messrs. Schneider, Lustbader & Morgan, attorneys).

Before Judges GOLDMANN, KILKENNY and COLLESTER.


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

Plaintiffs appeal from a Law Division summary judgment in defendant's favor. The court determined that plaintiff Josephine Konitch's common law negligence action against defendant, her fellow employee, was barred as a matter of law under N.J.S.A. 34:15-8 by reason of both parties being "in the same employ," and that her exclusive remedy was under the Workmen's Compensation Act. Nenad Konitch, her...

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