Perkins v. Kleinhandler

New Jersey Superior Court App Division

Perkins v. Kleinhandler

65 A.2d 145, 2 N.J. Super. 596, 1949 N.J. Super. LEXIS 1056

New Jersey Superior Court Appellate Division·Decided February 14, 1949·Published

Opinion

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. *Page 598

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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. *Page 598

Perkins v. Kleinhandler, 65 A.2d 145, 2 N.J. Super. 596, 1949 N.J. Super. LEXIS 1056 (N.J. Ct. App. 1949).

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