Opinion
Argued March 18, 1969 —
Decided April 7, 1969.
Appeal from Superior Court, Law Division, Mercer County.
Mr Thomas F. Campion argued the cause for defendant-appellant ( Messrs. Shanley Fisher, attorneys; Mr. John D. Conner, of the District of Columbia Bar ( Messrs. Sellers, Conner Cuneo, of the District of Columbia Bar), of counsel).
Mr. Coleman T. Brennan argued the cause for plaintiff-respondent.
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 WEINTRAUB and Justices JACOBS, PROCTOR, HALL, SCHETTINO and HANEMAN — 6.
For reversal — None.