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FRITZ v. ANDERSON

148 N.J. Super. 68 (1977)

371 A.2d 833

JAMES FRITZ, AN INFANT BY HIS GUARDIAN AD LITEM, JOAN FRITZ, AND JOHN FRITZ AND JOAN FRITZ, INDIVIDUALLY, PLAINTIFFS, v. MICHAEL ANDERSON AND ANNA ANDERSON, MASTAPETER BUILDERS, INC., STEVE'S EXCAVATING, A COMPANY DOING BUSINESS IN THE STATE OF NEW JERSEY, RAND DEVELOPMENT CORP. AND RAYMOND MASTAPETER, SR., INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 9, 1977.

Attorney(s) appearing for the Case

Mr. Michael J. Maggiano, argued the motion for plaintiffs (Gigante & Aslanian, attorneys).

Mr. Michael J. Stone, argued the motion for defendant Steve's Excavating (Hoagland, Longo, Oropollo & Moran, attorneys).

Mr. Edward V. Ryan, Attorney for defendants Michael Anderson and Anna Anderson.

Mr. Seymour S. Lichtenstein, Attorney for defendant Mastapeter Builders, Inc.

DREIER, J.C.C., Temporarily Assigned.

Plaintiffs John Fritz and Joan Fritz instituted this action, individually and on behalf of their infant son James Fritz, for injuries sustained by the infant plaintiff while on premises owned by defendants Anderson. The Andersons contracted with the other defendants to construct a building upon their property, which abutted a portion of plaintiff's backyard. The infant plaintiff was injured when he fell into an excavation.

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