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SOULES v. MOUNT HOLINESS MEM. PARK

808 A.2d 863 (2002)

354 N.J. Super. 569

Arthur SOULES, Plaintiff-Appellant, v. MOUNT HOLINESS MEMORIAL PARK and Gene Dallago, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 2002.

Attorney(s) appearing for the Case

Matthew R. Grabell, Hackensack, argued the cause for appellant (Grabell & Associates, attorneys; Mr. Grabell, on the brief).

Frederick C. Mezey, Freehold, argued the cause for respondents (Mezey & Mezey, attorneys; Mr. Mezey, on the brief).

Donna Arons, Trenton, argued the cause for amicus curiae New Jersey Division on Civil Rights (Ms. Arons, Deputy Attorney General, on the brief).

Before Judges CONLEY, NEWMAN and CARCHMAN.

The opinion of the court was delivered by CONLEY, P.J.A.D.

This is plaintiff's appeal from a grant of summary judgment in favor of the defendants. Plaintiff, an employee of defendant, Mt. Holiness Memorial Park Organization (Park), developed cancer requiring the removal of a kidney, "five inches around it, the adrenals, the lymphs and one rib." He was absent from work for over eight months. Before plaintiff was cleared to return to work, Park hired another employee...

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