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Marzotto v. Gay Garment Co.

New Jersey Superior Court, Appellate Division


Decided: June 18, 1952.

FRANK MARZOTTO, PLAINTIFF,
v.
GAY GARMENT CO., A NEW JERSEY CORPORATION, DEFENDANT, AND 54-62 SUMMER AVE. CORP., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, AND NATHAN PECKERMAN, INDIVIDUALLY AND TRADING AS GAY GARMENT CO., DEFENDANT-APPELLANT

McGeehan, Jayne and Goldmann.

Per Curiam

[20 NJSuper Page 179]

The judgment is affirmed for the reasons expressed in the opinion of Judge Colie, reported in 17 N.J. Super. 71 (Law Div. 1951). The attack made upon the conclusion of the trial judge, that the 54-62 Summer Ave. Corp. and Nathan Peckerman agreed that they would resolve the problem of liability by paying Frank Marzotto a certain sum of money and thereby purchase their peace, has no merit. The stipulation of the parties sets forth that

"the cause of action of the plaintiff, Frank Marzotto, has been settled for $3,000.00 and in accordance therewith a stipulation of dismissal has been filed. * * * The defendant, 54-62 Summer Ave. Corp. paid the plaintiff, Frank Marzotto, as its part of the aforesaid settlement of the plaintiff's claim, $2,000.00; and the defendant, Nathan Peckerman, paid to said plaintiff as his part thereof , $1,000.00." (Italics ours.)

Neither Popkin Bros., Inc., v. Volk's Tire Co. , 20 N.J. Misc. 1 (Sup. Ct. 1941), nor Frank Martz Coach Co., Inc., v. Hudson Bus., &c., Co. , 23 N.J. Misc. 342 (Sup. Ct. 1945) is apposite.

19520618


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