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DONOHUE v. KUHN

292 N.J. Super. 197 (1996)

678 A.2d 737

DOROTHY DONOHUE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILLIAM H. DONOHUE, ERIN DONOHUE, KERRY DONOHUE AND SEAN DONOHUE, PLAINTIFFS-RESPONDENTS, v. CLIFFORD N. KUHN, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 1996.

Attorney(s) appearing for the Case

Michael B. Oropollo argued the cause for appellant (Harwood Lloyd, attorneys; Mr. Oropollo, of counsel and on the brief).

Theodore D. Parsons, Jr., argued the cause for respondents (Parsons, Cappiello & Nardelli, attorneys; Mr. Parsons, on the brief).

Before Judges STERN, WALLACE and NEWMAN.

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

We granted leave to appeal from an order denying defendant's motion to dismiss this attorney malpractice case on grounds that it is precluded by the entire controversy doctrine. The parties agree that, for purposes of the motion, it must be accepted — as alleged in the malpractice complaint — that plaintiffs retained defendant to bring a wrongful death, N.J.S.A. 2A:31-1, and "survivorship...

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