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BERNOSKIE v. ZARINSKY

781 A.2d 52 (2001)

344 N.J. Super. 160

Elizabeth BERNOSKIE, Administratrix ad Prosequendum as General Administratrix of the Estate of Charles Bernoskie, Deceased, Plaintiff-Respondent, v. Robert ZARINSKY, Defendant-Appellant, Theodore Schiffer, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2001.

Attorney(s) appearing for the Case

Henry F. Furst, West Orange, argued the cause for appellant.

Kenneth S. Javerbaum, Springfield, argued the cause for respondent (Javerbaum, Wurgaft, Hicks & Zarin, attorneys; Mr. Javerbaum, on the brief)

Before Judges SKILLMAN, WECKER, and LESEMANN.

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

The issue presented by this appeal is whether an alleged murderer who avoided detection and apprehension for more than forty years may be precluded by the doctrine of equitable tolling from invoking the applicable statutes of limitations to bar a wrongful death and survivorship action brought by the victim's estate.

On the evening of November 28, 1958, Officer...

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