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KOMNINOS v. BANCROFT NEUROHEALTH

Docket No. A-4041-09T2.

9 A.3d 1044 (2010)

417 N.J. Super. 309

ESTATE OF Stephen J. KOMNINOS, Thomas J. Komninos, Winifred Komninos, Individually as Administrators, and as Administrators ad prosequendum of the Estate of Stephen J. Komninos, Plaintiffs-Respondents, v. BANCROFT NEUROHEALTH, INC.; Bancroft Schools and Communities, Inc.; Caroline Eggerding, Ph.D.; Melissa Wheatcroft, Esq.; Joseph Atkinson; Bancroft Board of Trustees (Lisa B. Alberts, MSN; Jeffery Harris; Bernett Johnson, Jr., M.D.; Robert Mate; Frederick Rohloff, Esq.; Ronald Williams; and Leon Zimmerman, jointly, severally, and/or in the alternative); Dana Wales; Susan Whited; Pam Vannoni; Laura Devine; Sandy Romsteadt; Tony DiBartolo; Quianna Steele; and Adam Allibone, Defendants-Appellants, and Toni Pergolin; Kathy Ross; Stephen S. Bruce; Jennifer Sells; Dr. Robert Martin; Dr. Terry Page; Daniel Keating; Donna Phillips; Michael Grim; Lynn Farbman; Laikeshia Abrams; Stephanie Balsanti; Kathleen Sutcliffe, RN; Paul DiGiacoma; Leroy Jacobs; Idowu Adeniren; Paul Amarando; Jerry Valencia; 7-Eleven, Inc.; Manzar Rahmani; Mahjabeen Rahmani; and Gregory J. Mayer, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2010.

Attorney(s) appearing for the Case

Derek M. Daniels argued the cause for appellants (McCumber, Daniels, Buntz, Hartig & Puig, P.A., attorneys; Mr. Daniels, Frederick J. Hughes and Mary Beth Davis , on the brief).

George G. Horiates argued the cause for respondents.

Before Judges REISNER, SABATINO and ALVAREZ.

The opinion of the court was delivered by

SABATINO, J.A.D.

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine...

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