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NAIMO v. LA FIANZA

146 N.J. Super. 362 (1976)

369 A.2d 987

ELSA NAIMO, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF MARIO BRUNO, JR., AN INFANT, PLAINTIFF, v. JOHN J. LA FIANZA, JR. AND DONALD BRUNO, EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF MARIO BRUNO, DECEASED, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Mr. Eugene H. Farber for plaintiff (Mr. Louis L. Gluck, attorney; Mr. Farber of counsel and on the brief).

Mr. Mark A. Aurigemma for defendants (Messrs. La Fianza & Aurigemma, attorneys; Mr. Aurigemma of counsel; Mrs. Mary Aurigemma on the brief).

KENTZ, J.S.C.

Plaintiff, individually and as guardian ad litem of Mario Bruno, Jr. (Bruno, Jr.), seeks specific performance of an oral agreement allegedly made by Mario Bruno (Bruno) to make a testamentary gift for the benefit of Bruno, Jr.

The controlling facts are not disputed. It appears from the evidence that plaintiff, while seeking employment in this country, met Bruno in 1949. He was the owner of the business enterprise where plaintiff became...

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