Klotz v. Lee

The opinion of the court was delivered by

Wachenfeld, J.

This is an appeal, purportedly taken as of right pursuant to R. R. 1:2-1 (a), from a judgment of the Appellate Division affirming a judgment against the appellants following a jury trial. The procedural route the appellants pursued to bring the cause before us is complex as well as unique and will be subjected to closer scrutiny hereafter.

The action arises out of an automobile accident and involves three separate and distinct parties. The plaintiff, Klotz, was a passenger in an automobile driven by the defendant Lee. That automobile and…