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GIANNETTI v. FENWICK

166 N.J. Super. 491 (1979)

400 A.2d 103

ELEANOR J. GIANNETTI, PLAINTIFF-APPELLANT, v. FAITH FENWICK AND ANNA FENWICK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1979.

Attorney(s) appearing for the Case

Mr. George Delmarmo, attorney for appellant.

Messrs. Friedman & D'Alessandro, attorneys for respondents (Mr. Alfred D. Dimiero on the brief).

Before Judges CONFORD, PRESSLER and KING.

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

This appeal raises a novel question concerning the use of the deposition of a party-defendant who is unavailable for trial as evidence pursuant to R. 4:16-1(c). Plaintiff Eleanor J. Giannetti and defendant Anna Fenwick were automobile operators involved in a routine two-car controlled intersectional collision in Glen Ridge on December 1, 1973. The case finally...

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