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NARSH v. ZIRBSER BROTHERS, INC.

111 N.J. Super. 203 (1970)

268 A.2d 46

FRANCES E. NARSH, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF JAMES H. NARSH, DECEASED, PLAINTIFF-CROSS APPELLANT, v. ZIRBSER BROTHERS, INC., A CORPORATION OF NEW JERSEY, DEFENDANT - APPELLANT, ZIRBSER - GREENBRIAR, INC., A CORPORATION OF NEW JERSEY; ST. STEPHEN'S LUTHERAN CHURCH OF WOODBURY, NEW JERSEY, A CORPORATION OF NEW JERSEY; AND GEORGE G. GREEN, JR. AND CAMDEN TRUST COMPANY, A CORPORATION OF NEW JERSEY, EXECUTORS AND TRUSTEES OF THE ESTATE OF GEORGE G. GREEN, DECEASED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1970.

Attorney(s) appearing for the Case

Mr. Neil F. Deighan, Jr. argued the cause for defendant-appellant Zirbser Brothers, Inc. (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Mr. Edgar E. Moss, II argued the cause for defendant-respondent St. Stephen's Lutheran Church of Woodbury (Messrs. Moss & Powell, attorneys).

Mr. Martin F. Caulfield argued the cause for plaintiff-cross appellant Narsh (Messrs. Ware, Caulfield, Zamal & Cunard, attorneys).

Before Judges KILKENNY, LABRECQUE and LEONARD.

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

Plaintiff Frances E. Narsh, as administratrix ad prosequendum of the estate of her deceased husband, obtained a judgment for $85,000 against defendants Zirbser Brothers, Inc. (Zirbser) and Zirbser-Greenbriar, Inc. (Greenbriar), following a jury trial. Zirbser appeals from denial of its motion for a new trial. Plaintiff cross-appeals from that portion of the verdict exonerating defendant St. Stephen...

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