NAKHLA v. SINGER-SHOPRITE, INC.


205 N.J. Super. 184 (1985)

500 A.2d 411

NAGY NAKHLA, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF MARIANNA NAKHLA, AN INFANT, AND NANEZ NAKHLA, PLAINTIFFS-APPELLANTS, v. SINGER-SHOPRITE, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1985.


Attorney(s) appearing for the Case

Baer and Arbeiter, attorneys for appellants (Benjamin D. Leibowitz of counsel and on the letter brief).

Lustbader and Lustbader, attorneys for respondent (Stephen L. Hopkins of counsel).

Before Judges J.H. COLEMAN and LONG.


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

The novel issue raised by this appeal is the liability of a commercial shopkeeper for a dog bite to one of its business invitees where the dog is owned by another invitee. The trial judge dismissed the complaint at the end of plaintiffs' case. He held that plaintiffs failed to prove the common law requirements that the dog was vicious and that defendant had knowledge of the dog's vicious propensities...

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