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GLUCKSMAN v. STRELECKI, ET AL.

102 N.J. Super. 53 (1968)

245 A.2d 228

MITCHELL GLUCKSMAN, AS ADMINISTRATOR AD LITEM OF THE ESTATE OF JERALD LAWSON, PLAINTIFF, v. JUNE STRELECKI, DIRECTOR OF MOTOR VEHICLES AND FLORENCE LAWSON, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided July 31, 1968.

Attorney(s) appearing for the Case

Mr. Doane Regan for plaintiff (Messrs. Zarin, Yormark & Maran, attorneys).

Mr. Thomas J. Kapsak for defendant June Strelecki, Director of Motor Vehicles (Messrs. Seiffert & Frisch, attorneys).

Mr. John E. Keefe for defendant Florence Lawson (Messrs. Cohen, Hoagland & Cohen, attorneys).

SEIDMAN, J.C.C. (temporarily assigned).

This motion for summary judgment presents for determination the unusual question of whether the personal representative of a deceased husband can maintain an action for wrongful death against the surviving widow who is not only an alleged tort-feasor but also the sole heir and next of kin of the decedent.

The pertinent facts are as follows: On May 15, 1966 decedent Jerald Lawson was a passenger in an automobile

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