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GARFIELD v. FURNITURE FAIR-HANOVER

113 N.J. Super. 509 (1971)

274 A.2d 325

BERNARD GARFIELD AND SHIRLEY GARFIELD, PLAINTIFFS, v. FURNITURE FAIR-HANOVER, A CORPORATION OF NEW JERSEY, SOMETIMES KNOWN AS FURNITURE FAIR; AND A.B., AN INDIVIDUAL WHICH IS A FICTITIOUS NAME; AND IN THE ALTERNATIVE, X.Y.Z. CORPORATION, LIKEWISE A FICTITIOUS NAME; AND M.N., A PARTNERSHIP MADE UP OF O.P. AND Q.R., LIKEWISE FICTITIOUS NAMES, NOW IMPLEADED JOINTLY, SEVERALLY, AND IN THE ALTERNATIVE. DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 11, 1971.

Attorney(s) appearing for the Case

Mr. Herman W. Kapp for plaintiffs (Messrs. Kapp & Finkel, attorneys).

Mr. William L'E Wertheimer for defendants (Messrs. Lum, Biunno & Tompkins, attorneys).

FUSCO, J.S.C.

This is an issue of novel impression. Plaintiffs, husband and wife, bring this action to recover for personal injuries allegedly sustained by her when a bed that was loaned to them by defendant collapsed.

The matter now before the court is a motion by defendant, Furniture Fair to dismiss the complaint, pursuant to R. 4:46. Defendant bases this motion on N.J.S.A. 2A:14-2, which provides...

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