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IN RE ESTATE OF DESIR v. VERTUS

No. A-2132-09T2

13 A.3d 428 (2011)

418 N.J. Super. 310

ESTATE OF Naitil DESIR, by and through its lawfully appointed Administratrix Edmonde Estiverne, and Edmonde Estiverne, individually and on behalf of the Heirs at Law and Dependents of Naitil Desir, Plaintiffs, and Estate of Cosme Novaly, by and through its lawfully appointed Administrator Wilner Novaly, and Wilner Novaly, individually and on behalf of the Heirs at Law and Dependents of Cosme Novaly, Plaintiffs-Appellants, v. Jean Robert VERTUS, individually and on behalf of Vertus Financial Services and Vertus Financial Services, Defendants-Respondents. and Jean Robert Vertus, Defendant/Third-Party Plaintiff, v. Earl Easterling, Louis Boggs and Letray Evans, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2011.

Attorney(s) appearing for the Case

Alexandra A. Conti , Union, argued the cause for appellants (Conti & Conti, P.C., attorneys; David V. Conti, Jr. , of counsel and on the brief).

John J. Ronca, Jr. , argued the cause for respondents (Ronca, Hanley, Nolan & Zaremba, L.L.P., attorneys; Mr. Ronca, on the brief).

Before Judges RODRÍGUEZ, GRALL and C.L. MINIMAN.

The opinion of the court was delivered by

GRALL, J.A.D.

Cosme Novaly, a friend and neighbor of defendant Jean Robert Vertus, was shot in front of Vertus Financial Services by a robber leaving the premises. Novaly was there because he was lending assistance to Vertus, who had come to Novaly and told him that he thought "something was going on" in the apartment that he used as his residence and place of business. Novaly died from the gunshot wound, and his estate...

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