ESTATE OF Nancy Z. PALEY, Plaintiff-Appellant/Cross-Respondent,
v.
BANK OF AMERICA (f/k/a Fleet Bank, f/k/a First Jersey Bank, f/k/a Westminster Bank, f/k/a Summit Bank), Defendant-Respondent/Cross-Appellant, and
Angela Sentore, Defendant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 6, 2010.
Decided April 29, 2011.
Attorney(s) appearing for the Case
Lavinia Lee Mears argued the cause for appellant/cross-respondent (Stein, McGuire, Pantages & Gigl, LLP and Kologi & Simitz, attorneys; Ms. Mears and Michael S. Simitz , Linden, of counsel; Ms. Mears, on the brief).
Gregg S. Sodini , Edison, argued the cause for respondent/cross-appellant (Law Offices of Gregg S. Sodini, LLC, attorneys; Mr. Sodini and Daniel Barros , Manalapan, on the brief).
Madeline L. Houston argued the cause for amicus curiae Consumers League of New Jersey (Houston & Totaro, attorneys; Ms. Houston and Melissa J. Totaro , on the brief).
Michael D. Halbfish , Woodbridge, argued the cause for amici curiae New Jersey Association for Justice and AARP (Tunney & Halbfish and David M. Cedar , attorneys for New Jersey Association for Justice; Fred Shahrooz Scampato , Westfield, and Julie Nepveu , of the District of Columbia bar, admitted pro hac vice, attorneys for AARP; Mr. Cedar, Mr. Halbfish, Ms. Nepveu and Mr. Scampato, on the joint brief).
Before Judges CUFF, PAYNE and C.L. MINIMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
CUFF, P.J.A.D.
Plaintiff Nancy Z. Paley1 hired a home health aide to assist her after she lost a leg to diabetes. In 2005, plaintiff discovered that the home health aide had fraudulently negotiated checks drawn on plaintiff's money market account with defendant Bank of America (BOA). In this appeal, we are asked to address whether the evidence...
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