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FOSTER ESTATES, INC. v. WOLEK

105 N.J. Super. 339 (1969)

252 A.2d 219

FOSTER ESTATES, INC., PLAINTIFF-RESPONDENT, v. VICTOR J. WOLEK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1969.

Attorney(s) appearing for the Case

Mr. Richard O. Venino argued the cause for defendant-appellant.

Mr. Daniel M. Hurley argued the cause for plaintiff-respondent (Messrs. Feuerstein & Sachs, attorneys).

Before Judges GAULKIN, COLLESTER and LABRECQUE.

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

This is a fire insurance subrogation case. The New Hampshire Insurance Company (New Hampshire) paid Foster Estates, Inc. (Foster) $12,498 for damage by fire to Foster's building. New Hampshire, claiming that defendant Wolek, Foster's tenant, negligently caused the fire, instituted this action in the name of Foster against Wolek for the damage caused by the fire. Wolek moved for summary judgment on the ground...

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