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HEIMBACH v. MUELLER

229 N.J. Super. 17 (1988)

550 A.2d 993

SIDNEY E. HEIMBACH AND LOUISE M. HEIMBACH, PLAINTIFFS-APPELLANTS, v. REGINALD STERLING MUELLER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1988.

Attorney(s) appearing for the Case

David M. Paris of counsel and on the brief for appellants (Piro, Zinna, Cifelli & Paris, attorneys).

Before Judges HAVEY and BROCHIN.

The opinion of the court was delivered by BROCHIN, J.S.C. (temporarily assigned).

This is an appeal from a judgment of no cause for action which was entered against plaintiffs following an ex parte proof hearing after defendant's default. The issue before us is whether the standard by which the trial judge tested the sufficiency of plaintiffs' proofs was appropriate. We hold that it was not.

Plaintiffs...

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