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DEVANEY v. SARNO

125 N.J. Super. 414 (1973)

311 A.2d 208

ROBERT A. DEVANEY, AN INFANT BY HIS GUARDIAN AD LITEM JOHN R. DEVANEY AND JOHN R. DEVANEY AND JEANNE DEVANEY, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. LOUIS SARNO, VOLKSWAGEN OF AMERICA, INC. AND CENTRAL VOLKSWAGEN, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Mr. Arthur C. Gundersdorf, attorney for appellants.

Messrs. Crummy, O'Neill, Del Deo & Dolan, attorneys for respondent Volkswagen of America, Inc. (Messrs. Herzfeld and Rubin, P.C., of the New York Bar, of counsel).

Messrs. Gilady and Harwood, attorneys for respondent Central Volkswagen, Inc., filed a statement in lieu of brief.

Before Judges HALPERN, MATTHEWS and BISCHOFF.

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

The salient facts in this controversy are fully and accurately set forth in the trial court's opinion, 122 N.J.Super. 99, and will be referred to herein only when necessary. The narrow issue before us is whether summary judgment was properly granted in favor of respondents. We have concluded it was not and reverse.

Plaintiffs' (referred to hereinafter as Devaney...

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