Higgins v. American Society of Clinical Pathologists

251 A.2d 760, 53 N.J. 547, 1969 N.J. LEXIS 273

Opinion

The opinion of the court was delivered

Pee Cueiam.

This case is before us for the second time. On the plaintiff’s appeal we reversed the judgment of the Appellate Division in favor of the defendant and remanded the matter to the Law Division. 51 N. J. 191 (1968). On plaintiff’s motion for summary judgment, the defendant offered no proof in resistance. Accordingly, the proof stood as described in our opinion. Therefore, the trial court properly entered summary judgment for the plaintiff. We add that the line of proof suggested at the argument before us, that the plaintiff suffered no economic loss, is irrelevant.

Affirmed.

For affirmance—Chief Justice Weinteatjb and Justices Jacobs, Peoctoe, Hall, Schettino and Har-eman-—6.

For reversal—None.