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MICKENS v. MARASCIO

58 N.J. 569 (1971)

279 A.2d 666

MARIAN MICKENS AND FRANK MICKENS, PLAINTIFFS-APPELLANTS, v. EMILY MARASCIO, VICTOR M. MARASCIO, MALCOLM F. BROPHY AND EDWARD GRUM, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued December 8, 1970.

Decided July 13, 1971.

Attorney(s) appearing for the Case

Mr. Edward W. Wise, Jr., argued the cause for appellants (Messrs. Wise, Wise & Wichmann, attorneys; Mr. Edward W. Wise, Jr., of counsel and on the brief).

Mr. Frank N. Yurasko argued the cause for respondents Marascio (Messrs. Champi, Graham & Yurasko, attorneys; Mr. Yurasko, on the brief).

Mr. Robert F. Colquhoun argued the cause for respondent Brophy (Messrs. Colquhoun & Pollock, attorneys; Mr. Peter R. Brogan, on the brief).

Mr. Alan Mark Klatsky argued the cause for respondent Grum (Messrs. Klatsky, Himelman & Siegfried, attorneys; Mr. Joseph W. Ferraro, Jr., on the brief).

The opinion of the Court was delivered by SCHETTINO, J.

This is a negligence action. Plaintiff-wife fell over a sidewalk curbstone located on the property of defendants Dr. and Mrs. Victor M. Marascio. Following the accident, plaintiffs instituted the instant action against five alleged joint tortfeasors, joining, in addition to the Marascios, their tenant, Dr. Malcolm F. Brophy, and contractors, Angelo Ciaglia and Edward Grum. The various defendants cross-claimed...

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