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WINANS-CARTER CORPORATION v. JAY & BENISCH

107 N.J. Super. 268 (1969)

258 A.2d 131

WINANS-CARTER CORPORATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. JAY & BENISCH, A NEW JERSEY PARTNERSHIP, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1969.

Attorney(s) appearing for the Case

Mr. Marvin A. Sachs argued the cause for appellant (Messrs. Feuerstein and Sachs, attorneys).

Mr. Alan R. Chesler argued the cause for respondent (Messrs. Lowenstein, Sandler, Brochin & Kohl, attorneys).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

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

Defendant appeals from an order which granted summary judgment in favor of plaintiff in the amount of $15,000 and denied defendant's motion for leave to file an amended answer asserting the defense of contributory negligence.

The facts are fully set forth in the opinion of the court reported in 103 N.J.Super. 389 (Law Div. 1968). In brief, they show...

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