FORTUGNO v. FORTUGNO, 64 N.J. 220 (1974)

314 A.2d 601

ANTHONY FORTUGNO, PLAINTIFF-APPELLANT, v. ALFRED FORTUGNO, ESTATE OF ADELINE FORTUGNO, DECEASED, AND CONCETTA F. RUBLE, DEFENDANTS-RESPONDENTS v. ARTHUR FORTUGNO, ANNE F. CAMP, ESTATE OF DANIEL FORTUGNO, DECEASED, AND ESTATE OF SILVIA FORTUGNO, DECEASED, DEFENDANTS-RESPONDENTS.

Supreme Court of New Jersey.Argued January 21, 1974 —
Decided February 5, 1974.

On appeal from Superior Court, Appellate Division.

Mr. Lewis M. Holland argued the cause for plaintiff-appellant (Chasan, Leyner, Holland and Tarleton, attorneys.)

Mr. Adrian M. Unger argued the cause for defendants-respondents (Messrs. Milton M. and Adrian M. Unger, attorneys.)

PER CURIAM.

This matter having come before the Court on the cross-petition for certification of plaintiff Anthony Fortugno to review that part of the judgment of the Appellate Division which in effect determined that plaintiff had no legal right to assert a defense of settlement, release and accord and satisfaction to defendants’ counterclaim of set-off (which counterclaim was based on the July 18, 1957 order of the trial court that plaintiff pay $68,163.33 to the liquidating Trustees of Hudson Manure Company) and that the establishment of such obligation to pay was res adjudicata
in the cause,

And the Court having heard oral argument with respect to the foregoing and good cause appearing;

It is ORDERED that the cross-petition for certification is granted, and that part of the Appellate Division judgment heretofore referred to is reversed and the matter remanded to the trial court for a plenary trial on the merits of plaintiff’s asserted defense to the counterclaim.

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For reversal and remandment — Chief Justice HUGHES and Justices JACOBS, HALL, MOUNTAIN, SULLIVAN, PASHMAN and CLIFFORD — 7.

Opposed — None.

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