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WEISS v. CEDAR PARK CEMETERY

240 N.J. Super. 86 (1990)

572 A.2d 662

GERALDINE WEISS AND JEFFREY J. WEISS, PLAINTIFFS-APPELLANTS, v. CEDAR PARK CEMETERY, PHYLLIS RATAFIA WEISS, LILLIAN RATAFIA, JANE DOES 1 AND 2, AND RIVERSIDE CHAPEL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1990.

Attorney(s) appearing for the Case

Barbara deMare argued the cause for appellants Geraldine Weiss and Jeffrey J. Weiss (deMare & Harvey, attorneys, Barbara deMare, on the brief).

Michael A. Sicola argued the cause for respondent Cedar Park Cemetery (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys, Michael A. Sicola, on the brief).

Stuart Hecker of the New York Bar, pro hac vice, argued the cause for respondents Phyllis Ratafia Weiss, Lillian Ratafia and Jane Does 1 and 2 (Rudolph R. Binelli, Jr., attorney, on the brief).

George P. Helfrich, Jr. argued the cause for respondent Riverside Chapel.

Before Judges PETRELLA, HAVEY and STERN.

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

Plaintiffs, Geraldine Weiss, surviving spouse of one of two original co-owners of a cemetery plot in defendant Cedar Park Cemetery (Cedar Park), and her son Jeffrey J. Weiss, appeal from the entry of summary judgments in defendants' favor dismissing their suit based on the claimed wrongful interment of Louis Ratafia, father of defendant Phyllis Ratafia Weiss. On appeal plaintiffs contend that genuine issues...

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