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FRICKE v. GELADARIS, INC.

221 N.J. Super. 49 (1987)

533 A.2d 971

F.W. FRICKE, JR., AND EUGENE LEDDY, PLAINTIFFS-APPELLANTS, v. GELADARIS, INC., AND BOYD COUSOULIS AND JOHN DOE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1987.

Attorney(s) appearing for the Case

Donald G. Sweetman argued the cause for appellants (Thomas E. Maloney, Jr., attorney; Donald G. Sweetman on the brief).

Diana Powell McGovern argued the cause for respondents (O'Donnell, Kennedy, Vespole & Piechta, attorneys; John C. Kennedy of counsel; Diana Powell McGovern on the brief).

Before Judges O'BRIEN and HAVEY.

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

The issue raised by this appeal, on leave granted, is whether an action for malicious prosecution survives the death of the plaintiff under the Survival Act, N.J.S.A. 2A:15-3, which provides for the survival of an action "... for any trespass done to the person or property ..." of the testator or intestate. The motion judge concluded that the action did...

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