BERNOSKIE v. ZARINSKY


890 A.2d 1013 (2006)

383 N.J. Super. 127

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

Superior Court of New Jersey, Appellate Division.

Decided February 10, 2006.


Attorney(s) appearing for the Case

Clifford N. Kuhn, Jr., Edison, 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, AXELRAD and MINIMAN.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This case is before us for the second time. The issue presented is whether the doctrine of equitable tolling allows plaintiff to pursue wrongful death and survivorship claims against the person she alleges murdered her husband, even though her complaint was not filed until more than forty years after the crime.

We briefly recount the facts. On the evening of November 28, 1958, Officer Charles...

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