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PAVLOVA v. MINT MANAGEMENT CORP.

868 A.2d 322 (2005)

375 N.J. Super. 397

Larisa PAVLOVA, individually and in the capacity of General Administratrix and Administratrix Ad Prosequendum of the Estate of Yevgenia Pavlova, deceased, Plaintiff-Respondent, v. MINT MANAGEMENT CORP., Menlo Manor Associates, Ltd. (d/b/a Inman Grove Senior Citizen Residence), FCH Services, Inc. (Formerly F.C.H. Company, Inc.), Federal Pacific Electric Co., Anthony Mazzucca, Mazzucca Construction Co., Robert Bauer, Bauer Electric, Electrical Installations, Inc., and Lehigh Edison Co., a joint venture, Defendants-Appellants, and Mint Management Corp. and Menlo Manor Associates, Ltd. (d/b/a Inman Grove Senior Citizen Residence, Third-Party Plaintiffs), v. Federal Pacific Electric Co., Anthony Mazzucca, Mazzucca Construction Co., Robert Bauer, Bauer Electric, And Electrical Installations, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2005.

Attorney(s) appearing for the Case

William H. Mergner, Jr., Cedar Knolls, argued the cause for appellants (Leary, Bride, Tinker & Moran, attorneys; Mr. Mergner, and Lisa G. Kim, on the brief).

Christian P. Fleming argued the cause for respondent (Jabin & Fleming, attorneys; Arnold E. Jabin, East Brunswick, of counsel; Mr. Fleming, on the brief).

Before Judges SKILLMAN, PARRILLO and GRALL.

The opinion of the court was delivered by

PARRILLO, J.A.D.

We granted leave to appeal from the denial of defendants' partial summary judgment motion to dismiss the punitive damages claim brought by plaintiff, Larisa Pavlova, individually and on behalf of the estate of her mother, who was fatally injured in a fire in defendant's housing complex. We now reverse.

Inman Grove Senior Citizens Residence, located in Edison Township, is a housing

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