Decided: February 14, 1949.
JOSEPHINE PERKINS, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ALFRED J. PERKINS, DECEASED, PLAINTIFF,
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.
[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.