Westphal v. Guarino
Decision Date | 31 October 1978 |
Citation | 394 A.2d 354,78 N.J. 308 |
Parties | Elizabeth WESTPHAL, as Executrix of the Estate of William Westphal, Deceased, and Elizabeth Westphal, Individually, Plaintiffs-Respondents, v. Lawrence A. GUARINO, Defendant, and Murray Wagman, Dominick A. Scialabba and Stuart J. Friedman, Defendants-Appellants. |
Court | New Jersey Supreme Court |
On certification to the Superior Court, Appellate Division, whose opinion is reported at 163 N.J.Super. 139, 394 A.2d 377.
Robert P. McDonough, Westfield, for defendants-appellants Scialabba and Friedman (McDonough, Murray & Korn, Westfield, attorneys).
John Zen Jackson, Newark, for defendant-appellant Wagman (Shanley & Fisher, Newark, attorneys).
Franklin M. Sachs, Newark, for plaintiffs-respondents(Podvey & Sachs, Newark, attorneys).
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, 163 N.J.Super. 139, 394 A.2d 377.
For affirmance: Chief Justice HUGHES and Justices MOUNTAIN, SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER and HANDLER 7.
For reversal: None.
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- Farber, Matter of
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State v. LaBrutto
...supra, 209 N.J.Super. at 11, 506 A.2d 1225; Westphal v. Guarino, 163 N.J.Super. 139, 146, 394 A.2d 377 (App.Div.), aff'd o.b., 78 N.J. 308, 394 A.2d 354 (1978). At defense counsel's request, an Evid.R. 8 hearing was held to determine whether Investigator Mazza would be allowed to testify. T......
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Amaru v. Stratton
...from the admission of the evidence." Westphal v. Guarino, 163 N.J.Super. 139, 146, 394 A.2d 377 (App.Div.1978), aff'd o.b., 78 N.J. 308, 394 A.2d 354 (1978). Moreover, subject to the aforementioned requirements, neither New Jersey's Rules of Evidence nor the Civil Practice Rules limit an ex......
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Gaido v. Weiser
...4:23-5(b). However, as we declared in Westphal v. Guarino, 163 N.J.Super. 139, 145-146, 394 A.2d 377 (App.Div.1978), aff'd o.b. 78 N.J. 308, 394 A.2d 354 (1978): ... the application of the sanction [of excluding expert testimony] is consigned to the sound discretion of the judge, subject on......