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Perkins v. Kleinhandler

New Jersey Superior Court, Law Division


Decided: February 14, 1949.

JOSEPHINE PERKINS, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ALFRED J. PERKINS, DECEASED, PLAINTIFF,
v.
LEONARD KLEINHANDLER, MIRROR TRANSPORTATION COMPANY, A CORPORATION DULY ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY AND CHARLES HARRIS, DEFENDANTS

Civil action. On motion to amend answer and for summary judgment.

Brown, J.s.c.

Brown

[2 NJSuper Page 597]

This matter is before the court on motions made by the defendants Mirror Transportation Company and Charles Harris to amend the Answer heretofore filed by alleging a defense of res judicata and for summary judgment. Briefs were submitted by the respective parties but no proof was furnished of the facts involved, which the court concludes necessary for a proper determination.

The Motion to Amend the Answer is granted with privilege to the plaintiff to file a Reply thereto.

The determination of the Motion for a Summary Judgment will be reserved until the trial of the cause, at which time the motion will be determined when proof of the facts is furnished.

19490214


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