
    JOSEPHINE PERKINS, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ALFRED J. PERKINS, DECEASED, PLAINTIFF, v. LEONARD KLEINHANDLER, MIRROR TRANSPORTATION COMPANY, A CORPORATION DULY ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY AND CHARLES HARRIS, DEFENDANTS.
    Superior Court of New Jersey Law Division
    Decided February 14, 1949.
    
      
      Mr. Edward I. Ascher, attorney for defendants, Mirror Transportation Company and Charles Harris.
    
      Mr. Frank C. Scerbo, attorney for plaintiff.
   Brown, J. S. C.

This matter is before the court on motions made by the defendants Mirror Transportation Company and Charles Harris to amend the Answer heretofore filed by alleging a defense of res judicata and for summary judgment. Briefs were submitted by the respective parties but no proof was furnished of the facts involved, which the court concludes necessary for a proper determination.

The Motion to Amend the Answer is granted with privilege to the plaintiff to file a Reply thereto.

The determination of the Motion for a Summary Judgment will be reserved until the trial of the cause, at which time the motion will be determined when proof of the facts is furnished.  