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ESTATE OF AHRENS v. EDGEWATER COLONY

267 N.J. Super. 83 (1993)

630 A.2d 832

ESTATE OF BERTHA AHRENS; ESTATE OF OTTO B. AHRENS, JR.; MARIE AHRENS, ALSO KNOWN AS MARIECHEN H. AHRENS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF OTTO B. AHRENS, JR.; INGRID COHEN, FORMERLY KNOWN AS INGRID LIEBOWITZ, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF BERTHA AHRENS; AND ANNELIE CHANDLER, INDIVIDUALLY AND AS ALTERNATE EXECUTOR OF THE ESTATE OF OTTO B. AHRENS, JR., PLAINTIFFS-APPELLANTS, v. EDGEWATER COLONY, INC.; SUSAN HUFF; GEORGE TILTON, PRESIDENT OF EDGEWATER COLONY, INC.; AND JAMES MCGEE, SECRETARY OF EDGEWATER COLONY, INC., DEFENDANTS-RESPONDENTS, AND ELLA ZAHLER, AND JOHN DOE(S) AND JANE DOE(S), SAID NAMES BEING PERSONS NOT YET KNOWN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 1993.

Attorney(s) appearing for the Case

Frederick L. Bernstein argued the cause for appellants (Frederick L. Bernstein, P.A., attorneys; Mr. Bernstein on the brief).

Pamela Giannotto argued the cause for respondents Edgewater Colony, Inc., Tilton and McGee (Rogan & Faugno, attorneys; Ms. Giannotto on the brief).

Anthony J. Laura argued the cause for respondent Huff (Kelley Drye & Warren, attorneys; Mr. Laura on the brief).

Before Judges J.H. COLEMAN, SHEBELL and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

Plaintiffs appeal the order granting summary judgment to defendants on all counts of the complaint. We reverse.

Plaintiffs are the Estate of Bertha Ahrens, who became incompetent, went to a nursing home in 1978 and died in May 1984; the estate of her stepson, Otto B. Ahrens, Jr., who died in October 1986; Marie Ahrens, who was Otto B.'s wife,...

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