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MATARAS v. MATARAS

299 N.J. Super. 49 (1997)

DOROTHY MATARAS, INDIVIDUALLY, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, AND DOROTHY MATARAS, NATURAL MOTHER AND FORMER GUARDIAN AD LITEM OF THE FORMER MINOR, ERIC MATARAS, PLAINTIFF, v. JAMES MATARAS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ANTHONY MATARAS; LOUIS MATARAS; DEAN MATARAS, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND S. GEORGE GREENSPAN; STEPHEN F. PELLINO AND THE LAW FIRM BASILE, BIRCHWALE & PELLINO, INDIVIDUALLY AND AS ATTORNEYS FOR THE ESTATE OF ANTHONY MATARAS, AND FOR JAMES MATARAS INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ANTHONY MATARAS; JOHN J. FANNAN, JOHN J. RYAN, JR., JUDITH A. HEIM, JOHN M. AGNELLO, AND THE LAW FIRM CARELLA, BYRNE, BAIN, GILFILLAN, CECCHI, STEWART & OLSTEIN, A PROFESSIONAL CORPORATION OF NEW JERSEY, INDIVIDUALLY AND AS ATTORNEYS FOR THE ESTATE OF ANTHONY MATARAS, FOR JAMES MATARAS INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ANTHONY MATARAS, FOR DOROTHY MATARAS, AND FOR ERIC MATARAS BY HIS MOTHER AND GUARDIAN AD LITEM DOROTHY MATARAS, DEFENDANTS-RESPONDENTS, AND SAM ATHANASENAS; MARK MATTIA AND THE LAW FIRM OF NOWELL, AMOROSO & MATTIA, A PROFESSIONAL CORPORATION OF NEW JERSEY, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF THE INFANT ERIC MATARAS, DEFENDANTS. JOHN J. FANNON, JOHN J. RYAN, JR., JUDITH A. HEIM, JOHN AGNELLO, AND THE LAW FIRM CARELLA, BYRNE, BAIN, GILFILLAN, CECCHI, STEWART & OLSTEIN, A PROFESSIONAL CORPORATION OF NEW JERSEY, THIRD-PARTY PLAINTIFFS, v. ROBERT B. GREEN, THIRD-PARTY DEFENDANT. DOROTHY MATARAS, INDIVIDUALLY AND AS FORMER GUARDIAN AD LITEM OF THE FORMER MINOR, ERIC MATARAS, FOURTH-PARTY PLAINTIFF-APPELLANT, v. MARIANNE ESPINOSA MURPHY, FOURTH-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1997.

Attorney(s) appearing for the Case

Appellant/cross-respondent, Dorothy Mataras, filed pro se briefs.

Lum, Danzis, Drasco, Positan & Kleinberg, attorneys for respondents/cross-appellants James Mataras, individually and as Executor of the Estate of Anthony Mataras, Louis Mataras, and Dean Mataras (Dennis J. Drasco, of counsel and on the brief; Kevin J. O'Connor, also on the brief).

Voorhees & Acciavatti, attorneys for respondent S. George Greenspan (Peter A. Ouda, of counsel and on the brief; Steven W. Greigel, also on the brief).

Basile, Birchwale & Pellino, attorneys for respondent Stephen F. Pellino and Basile, Birchwale and Pellino (Anthony P. Cialone, on the brief).

Tompkins, McGuire & Wachenfeld, attorneys for respondents John J. Fannan, John J. Ryan, Jr., Judith A. Heim, John M. Agnello, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein (Marianne Espinosa Murphy of counsel and on the brief; Whitney Woods Bemer, also on the brief).

Before Judges NEWMAN and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

This appeal involves claims contained in plaintiff's Third Amended Complaint in which she, as widow of Anthony Mataras, asserts claims against the Mataras defendants (Anthony's sons by his first marriage) and their attorneys arising from two prior actions. The first action involved the probate of the Will of Anthony Mataras, the father of the Mataras defendants...

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