From Casetext: Smarter Legal Research

Westphal v. Guarino

Supreme Court of New Jersey
Oct 31, 1978
78 N.J. 308 (N.J. 1978)

Summary

noting that the opposing party must be protected from the effect of surprise and prejudice

Summary of this case from McBride v. Fair-Willoughby

Opinion

Argued October 16, 1978 —

Decided October 31, 1978.

On appeal from the Superior Court, Appellate Division.

Mr. Robert P. McDonough argued the cause for appellants Scialabba and Friedman ( Messrs. McDonough, Murray and Korn, attorneys).

Mr. John Zen Jackson argued the cause for appellant Wagman ( Messrs. Shanley and Fisher, attorneys). Mr. Franklin M. Sachs argued the cause for respondents ( Messrs. Podvey and Sachs, attorneys).


The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, 163 N.J. Super. 139.

For affirmance — Chief Justice HUGHES and Justices MOUNTAIN, SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER and HANDLER — 7.

For reversal — None.


Summaries of

Westphal v. Guarino

Supreme Court of New Jersey
Oct 31, 1978
78 N.J. 308 (N.J. 1978)

noting that the opposing party must be protected from the effect of surprise and prejudice

Summary of this case from McBride v. Fair-Willoughby

noting that the opposing party must be protected from the effect of surprise and prejudice

Summary of this case from Worley v. Worley (In re Worley)
Case details for

Westphal v. Guarino

Case Details

Full title:ELIZABETH WESTPHAL, AS EXECUTRIX OF THE ESTATE OF WILLIAM WESTPHAL…

Court:Supreme Court of New Jersey

Date published: Oct 31, 1978

Citations

78 N.J. 308 (N.J. 1978)
394 A.2d 354

Citing Cases

Wymbs v. Township of Wayne

Factors that would "`strongly urge' the trial judge, in the exercise of his discretion, to suspend the…

Worley v. Worley (In re Worley)

See Westphal v. Guarino, 163 N.J. Super. 139, 146 (App. Div.), aff'd o.b., 78 N.J. 308 (1978) (noting that…