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BENNETT v. T & F DISTRIBUTING CO.

117 N.J. Super. 439 (1971)

285 A.2d 59

MIRIAM BENNETT AND CHARLES BENNETT, PLAINTIFFS-RESPONDENTS, v. T & F DISTRIBUTING CO., OTHERWISE KNOWN AS KIRBY SALES & SERVICE, INC., DEFENDANT-APPELLANT, AND KIRBY VACUUM CORP., THE CITY OF NEPTUNE AND THE SCOTT AND FETZER CO., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1971.

Attorney(s) appearing for the Case

Mr. Philip G. Auerbach argued the cause for respondents Miriam Bennett and Charles Bennett (Messrs. Drazin, Warshaw, Auerbach & Rudnick, attorneys; Mr. Robert T. Winter on the brief).

Mr. Robert M. Graham argued the cause for appellant (Messrs. Champi, Graham & Yurasko, attorneys).

Mr. Thomas F. Heaney, Jr. argued the cause for respondent City of Neptune (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

Mr. Paul X. McMenaman argued the cause for respondent Scott and Fetzer Co.

Before Judges COLLESTER, MINTZ and LYNCH.

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

This is an appeal, leave having been granted, by defendant T & F Distributing Co. (T & F), a distributor of vacuum cleaners, from the denial of its motion for summary judgment. In this suit T & F is charged with negligence in having selected one Watson to sell its vacuum cleaners when it should have known that he had vicious propensities. In the course of his contact with plaintiff Miriam Bennett...

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