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GERSZBERG v. JACUZZI WHIRLPOOL BATH

286 N.J. Super. 197 (1995)

668 A.2d 482

ROSE GERSZBERG, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF SHEPHERD GERSZBERG, DECEASED, AND AS GUARDIAN AD LITEM OF EPHRAIM GERSZBERG, A MINOR, JONATHAN GERSZBERG, A MINOR, AND NAOMI GERSZBERG, A MINOR, AND SETH GERSZBERG, PLAINTIFF-APPELLANT, v. JACUZZI WHIRLPOOL BATH AND TOMS RIVER PLUMBING & HEATING SUPPLY, INC., DEFENDANTS. O'CONNOR & RHATICAN, ESQS., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1995.

Attorney(s) appearing for the Case

Dennis S. Deutsch argued the cause for appellant (Ferrara, Turitz, Harraka & Goldberg, attorneys; Mr. Deutsch, on the brief).

Gerald B. O'Connor argued the cause for respondents (O'Connor & Rhatican, attorneys; Mr. O'Connor, on the brief).

Before Judges KING, LANDAU and KLEINER.

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

This appeal by plaintiff Rose Gerszberg, individually and as executrix of the estate of Shepherd Gerszberg, deceased, is taken from part of a final Law Division order of distribution dated November 7, 1994. The order apportioned, under N.J.S.A. 2A:31-4, net proceeds of the $300,000 settlement of a wrongful death action (N.J.S.A. 2A:31-1) in which plaintiff was represented by respondents O'Connor...

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