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HORTON v. AMERICAN INST. FOR MENTAL STUDIES

145 N.J. Super. 550 (1976)

368 A.2d 426

JAMES B. HORTON, PLAINTIFF, v. AMERICAN INSTITUTE FOR MENTAL STUDIES, WILLIAM MARTINELLI, PANDULLO CHRISBACHER AND ASSOCIATES, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS, AND AMERICAN INSTITUTE FOR MENTAL STUDIES, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. CLAYTON CONSTRUCTION COMPANY, DIVISION OF RESIDEX CORPORATION AND ADAMS AND REHMANN, PROFESSIONAL ENGINEERS, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 21, 1976.

Attorney(s) appearing for the Case

Ms. Florence S. Davidow for plaintiff.

Mr. James J. Gruccio for defendant Pandullo Chrisbacher and Associates (Messrs. Tuso & Gruccio, attorneys).

Mr. Frank G. Basile for defendant American Institute for Mental Studies (Messrs. Kavesh & Basile, attorneys).

MILLER, J.C.C., Temporarily Assigned.

This is a motion for summary judgment based, in substance, upon the premise that the thrust of the plaintiff's case does not state a claim upon which relief can be granted as to defendant Pandullo Chrisbacher and Associates, R. 4:6-2(e). In the present posture neither the pleadings nor any discovery discloses a cause of action against him. Plaintiff counters by arguing that such motion is premature because certain depositions...

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