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SUSSMAN v. MERMER

862 A.2d 572 (2004)

373 N.J. Super. 501

Stanley J. SUSSMAN and Marcy B. Sussman, Plaintiffs-Appellants, v. Robert Wayne MERMER and Mary Mermer, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 2004.

Attorney(s) appearing for the Case

Mark J. Molz, Hainesport, argued the cause for appellants (Mr. Molz, attorney; Stephen Cristal, on the brief).

Donald Caruthers, III, Marlton, argued the cause for respondents (Styliades, Jackson and Dimeo, attorneys; Mr. Caruthers, on the brief).

Before Judges SKILLMAN, PARRILLO and GRALL.

The opinion of the court was delivered by

PARRILLO, J.A.D.

Plaintiff, Stanley J. Sussman, appeals from a summary judgment dismissing his personal injury negligence complaint against defendants, Robert and Mary Mermer.2 We reverse and remand, finding a genuine issue of material fact as to whether defendant-homeowners' conduct breached the standard of care.

Viewing the evidence most favorably to plaintiff, R. 4:46...

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