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SAIA v. BELLIZIO

53 N.J. 24 (1968)

247 A.2d 865

JOSEPH SAIA, PLAINTIFF-RESPONDENT, v. GEORGE BELLIZIO, d/b/a BELLIZIO MACHINE COMPANY AND CAESAR BELLIZIO, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 25, 1968.

Attorney(s) appearing for the Case

Mr. Alten W. Read argued the cause for appellants (Mr. Alten W. Read and Mr. Clifford W. Starrett of counsel; Mr. George J. Benson on the brief; Messrs. Schenck, Price, Smith & King, attorneys).

Mr. John V. Burns argued the cause for respondent.

The opinion of the court was delivered PER CURIAM.

The judgment is affirmed substantially for the reasons set forth in the Appellate Division opinion. 103 N.J.Super. 465 (1968).

As the opinion notes, at the pretrial conference defendants charged the plaintiff with contributory negligence. The conference order, however, set forth the admission that defendants "can assert no facts in support of the defense." It added...

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