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ORTIZ v. JOHN D. PITTENGER BLDR.

889 A.2d 1135 (2004)

382 N.J. Super. 552

Adelaida ORTIZ, Individually and as Administratrix of the Estate of Jasmine Fatima Abdul Rashid, Plaintiff, v. JOHN D. PITTENGER BUILDER, INC., Defendant Maria Cruz, Plaintiff, v. John D. Pittenger Builder, Inc., Defendant.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided December 15, 2004.

Attorney(s) appearing for the Case

Anthony Malanga, Jr., Belleville, for plaintiff Ortiz (Gaccione, Pomaco & Malanga, attorneys).

David Levine, West Long Beach, for plaintiff Cruz (Chamlin, Rosen, Uliano & Witherington, attorneys).

Martin R. McGowan, Edison, for defendant (Methfessel & Werbel, attorneys).

LOCASCIO, J.S.C.

This motion for partial summary judgment, to dismiss plaintiffs' claims for negligent infliction of emotional distress, arises out of a January 31, 2001 house fire, which killed five-year-old Jasmine Rashid and seriously burned plaintiff Maria Cruz, Jasmine's maternal grandmother.

Plaintiffs contend that defendant landlord negligently maintained plaintiffs' Section 81 residence, which caused a fire to engulf the...

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