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LANCOS v. SILVERMAN

No. A-4983-06T2

946 A.2d 1073 (2008)

400 N.J. Super. 258

Kimberly A. LANCOS, Mary Ann McGinley, Cynthia Spekhart, Kevin Salvatore, Bridgette Hintzen, William McGrath, Walter Stubbs, Joanne Grady, Mary Maffei, Cynthia O'Hagan, Kathleen M. Deignan, Thomas Nebeling, Eileen Kane, Robert Dukie, Martha Owens, Jennifer Nelson, Plaintiffs v. Malcolm SILVERMAN, Myron Silverman, Marc Lydon, Diane Turton Realtors, Karen Hewston as Agent Servant or Employee of Diane Turton Realtors, Andrea Rogan, Beth Fineberg, Brian Fitter, Chris Morris, Christine Reidigner, Eden Kidner, Eric Reidigner, Heidi Parker, Jamie Cutler, Jenin Cerligione, Jeri Del Vecchio, Jeremy Coyle, John Derose, Julie Rogan, Karen Rosenthal, Kelly O'Leary, Liz Galiardo, Mike Herrighty, Peter Badger, Ryan Fitzpatrick, Theresa Fabia, Tracey Salvo, Victoria L. Audenreid, Sammy O'Connor, Joe Daniels a/k/a Joseph Daniels, Cathy Russo, Marlaine Wade, Macelon D'Sa, Borough of Point Pleasant Beach, Comedy Central, and Malmy, LLC, Defendants. Marc Lydon, Third-Party Plaintiff, v. Myron Silverman, Malcolm Silverman, Diane Turton Realtors, Karen Hewston as agent servant or employee of Diane Turton Realtors, Third-Party Defendants. Myron Silverman and Malcolm Silverman, Fourth-Party Plaintiffs-Appellants, v. York-Jersey Underwriters, Fourth-Party Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2008.

Attorney(s) appearing for the Case

Robert S. Florke, argued the cause for appellants (Monte & Rudolph, attorneys, Sea Girt; Gary R. Nitsberg and Thomas D. Monte, Jr., Sea Girt, on the briefs).

Charles Hyman, argued the cause for respondent (Kissel Pesce Hirsch & Wilmer, attorneys, Tarrytown, NY; Mr. Hyman, of counsel and on the brief).

Before Judges LINTNER, GRAVES and SABATINO.

The opinion of the court was delivered by

LINTNER, P.J.A.D.

This appeal arises from the collapse of an outdoor deck at a leased beachfront house during a party on July 6, 2002, in which eighteen individuals were injured. Sixteen2 people filed personal injury claims against several defendants, including the owners of the beach house, Myron and Malcolm Silverman. At the time of the collapse...

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