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HUT v. ANTONIO

95 N.J. Super. 62 (1967)

229 A.2d 823

JOHN HUT, AN INFANT BY HIS GUARDIAN AD LITEM ELIZABETH HUT, AND ELIZABETH HUT, INDIVIDUALLY, PLAINTIFFS, v. JOHN ANTONIO, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. AARON A. GUTH, MURRAY GUTH, HYMAN GUTH, BLANCHE ROSEN, EDWARD C. REILLY, AND ASSOCIATES: AND EDWARD C. REILLY, INDIVIDUALLY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 14, 1967.

Attorney(s) appearing for the Case

Mr. Arnold L. Simon argued the cause for defendant and third-party plaintiff John Antonio (Messrs. Simon & Kaufman, attorneys).

Mr. Robert F. Dato argued the cause for third-party defendants Aaron A. Guth, Murray Guth, Hyman Guth and Blanche Rosen (Messrs. Kovacs, Anderson, Horowitz & Rader, attorneys).

Mr. Arthur W. Burgess argued the cause for third-party defendants Edward C. Reilly and Associates and Edward C. Reilly, individually (Messrs. Toolan, Haney & Romond, attorneys).

HALPERN, A.J.S.C.

This is a motion for summary judgment by all the third-party defendants with respect to the claims made against them by John Antonio, the third-party plaintiff. Considering the facts most favorably to Antonio they present this picture: The third-party defendants Aaron Guth, Murray Guth, Hyman Guth, and Blanche Rosen (hereinafter referred to as "Guths") inherited certain real estate in Perth Amboy consisting of three tenements housing twelve families...

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