AIKENS v. SCHMIDT


747 A.2d 824 (2000)

329 N.J. Super. 335

Shawn AIKENS and Roseanne Aikens, Plaintiffs-Appellants, v. Kevin SCHMIDT, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 2000.


Attorney(s) appearing for the Case

John V. McDermott, Jr., Vernon, for plaintiffs-appellants.

Tarleton & Winkler, Franklin Lakes, for defendant-respondent (Mark Winkler, on the brief).

Before Judges STERN, KESTIN and WEFING.


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

Plaintiffs appeal from the trial court's order entered during a jury trial at the close of plaintiffs' case, granting defendant's motion to dismiss the complaint on entire controversy grounds. We reverse and remand for a new trial.

We are obliged, as the trial court was, to view the operative facts of the matter, to the extent they are in dispute, in the light most favorable to plaintiffs, the respondents...

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