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MANGUAL v. BEREZINSKY

Docket No. A-0979-11T4

53 A.3d 664 (2012)

428 N.J. Super. 299

Felix MANGUAL, Plaintiff-Respondent, v. Lazar BEREZINSKY, Defendant-Respondent, and Essex Surgery Center, LLC, Defendant-Appellant, and Geico (a/k/a Government Employees Insurance Company), Essex Pain Management Group, Inta-Boro, XYZ Corp. d/b/a Inta-Boro, ABC Corp. d/b/a Inta-Boro Two Way Car Radio, Inta-Boro Two Way Car Radio, Inta-Boro Two Way Radio Association Inc., and Inta-Boro Acres Inc., Defendants. Judith Mangual and Felix Mangual, Plaintiffs-Respondents, v. Lazar Berezinsky, Defendant-Respondent, and Geico (a/k/a Government Employees Insurance Company), Inta-Boro, XYZ Corp. d/b/a Inta-Boro, ABC Corp. d/b/a Inta-Boro Two Way Car Radio, Inta-Boro Two Way Car Radio, Inta-Boro Two Way Radio Association Inc., and Inta-Boro Acres Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 2012.

Attorney(s) appearing for the Case

Thomas M. Mulcahy argued the cause for appellant (Purcell, Mulcahy, O'Neill & Hawkins, attorneys; Mr. Mulcahy , of counsel and on the brief; Michael F. O'Neill and Danielle H. Bohlen , Bedminster, on the brief).

Brian G. Steller argued the cause for respondent Lazar Berezinsky (Connell Foley, attorneys; Mr. Steller , of counsel; Christopher Abatemarco , Roseland, on the brief).

Eric G. Kahn , Springfield, argued the cause for respondents Felix and Judith Mangual (Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, attorneys; Mr. Kahn , of counsel and on the brief).

Before Judges PAYNE, REISNER and ACCURSO.

The opinion of the court was delivered by

ACCURSO, J.S.C. (temporarily assigned).

This interlocutory appeal arises out of a car accident in which plaintiffs suffered catastrophic injuries. On leave granted, defendant Essex Surgery Center, L.L.C. (Essex) appeals from two partial summary judgment orders in favor of plaintiffs in these consolidated cases, one determining that defendant Lazar Berezinsky (Berezinsky) was Essex's agent, and the other that Berezinsky...

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