Summary
stating that where the record “leaves us with the definite conviction that the judge went so wide of the mark that a mistake must have been made,” we may “appraise the record as if we were deciding the matter at inception and make our own findings and conclusions.”
Summary of this case from Walid v. Yolanda for Irene Couture, Inc.Opinion
Argued October 31, 1978 —
Decided November 14, 1978.
On appeal from the Superior Court, Appellate Division.
Mr. James J. Higgins argued the cause for appellant Lucas ( Messrs. Porzio and Bromberg, attorneys).
Mr. Charles W. Hutchinson argued the cause for appellant Goldschmidt ( Messrs. Lamb, Hutchinson, Chappell, Ryan Hartung).
Mr. Richard E. Brennan argued the cause for respondent ( Messrs. Shanley Fisher, attorneys).
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division.
For affirmance — Chief Justice HUGHES and Justices MOUNTAIN, SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER and HANDLER — 7.
For reversal — None.