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DI MARTINO v. VENTRELLA

123 N.J. Super. 128 (1973)

301 A.2d 777

LEONARDA DI MARTINO AND GIOVANNI DI MARTINO, PLAINTIFFS, v. EVELYN VENTRELLA AND ERNEST VENTRELLA, AND VITTORIO DI MARTINO, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 15, 1973.

Attorney(s) appearing for the Case

Mr. David A. Waks argued the cause for plaintiffs (Messrs. Isadore & David A. Waks, attorneys).

Mr. Victor K. Brown argued the cause for defendants Evelyn Ventrella and Ernest Ventrella (Messrs. Gorrin, Connors & Ironson, attorneys).

Mr. Joseph R. Raziano argued the cause for defendant Vittorio Di Martino (Messrs. De Yoe, De Yoe & Guiney, attorneys).

DOAN, J.C.C., Temporarily Assigned.

This is an application under R. 4:50-1 (f) to vacate this court's Order of September 29, 1971, which granted summary judgment dismissing all claims and cross-claims against Vittorio Di Martino on the ground of his immunity to a suit by his parents. Plaintiffs seek to have Vittorio Di Martino reinstated as a party defendant.

A recital of the historical factual situation in this case would appear to be indicated.

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