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ESTATE OF OKHOTNITSKAYA v. LEZAMETA-BENALCAZ

Docket No. BER-L-3800-06.c

947 A.2d 188 (2007)

400 N.J. Super. 340

ESTATE OF Galina OKHOTNITSKAYA, deceased, by Lilia GAZARKH, as Administratrix and Administratrix Ad Prosequendum, and Lilia Gazarkh, individually, Plaintiffs, v. Carlos C. LEZAMETA-BENALCAZ, Carlo G. Lezameta, First Trenton Indemnity, ABC Companies 1-10 (names being fictitious, real names unknown) and John Does 1-10 (said names being fictitious, real names unknown), Defendants.

Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County.

Decided December 21, 2007.

Attorney(s) appearing for the Case

Boris Shmaruk, Metuchen, for plaintiffs (Vlasac & Shmaruk, L.L.C., attorneys).

Jerald J. Howarth, Parsippany, for defendants (Howarth & Associates, L.L.C., attorneys).

DANIEL P. MECCA, P.J.S.C.

This matter arises out of a motor vehicle accident on or about October 5, 2005, in Fair Lawn, New Jersey. A vehicle operated by defendant Carlos Lezameta ("defendant Lezameta" or "Lezameta"), an uninsured driver, struck Galina Okhotnitskaya, the decedent. As a result of the injuries sustained, Ms. Okhotnitskaya passed away some time thereafter. In an effort to prove defendant Lezameta liable for his actions and to recover for damages incurred...

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