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SARTE v. PIDOTO

129 N.J. Super. 405 (1974)

324 A.2d 48

ATHENE SARTE, PLAINTIFF-APPELLANT, v. VINCENT JAMES PIDOTO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1974.

Attorney(s) appearing for the Case

Mr. Peter J. Selesky argued the cause for appellant (Messrs. Selesky, Kolsky & Epstein, attorneys).

Mr. Alfred A. Levinson argued the cause for respondent (Messrs. Levinson, Conover, Fink & Axelrod, attorneys).

Ms. Nadine Taub filed a brief on behalf of amici curiae American Civil Liberties Union of New Jersey and Women's Rights Litigation Clinic of Rutgers Law School.

Before Judges CONFORD, HANDLER and MEANOR.

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

This is a filiation case under N.J.S.A. 9:16-2 brought originally in the Edison Township Municipal Court but tried in the Cranbury Municipal Court on a change of venue. Following an adverse determination, plaintiff filed a notice of appeal to the County Court requesting a trial by jury. The denial of this request and the trial of the matter in the County Court without a jury require a reversal and remand...

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