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SAYLES v. G & G HOTELS, INC.

Docket No. A-2926-11T1

57 A.3d 1129 (2013)

429 N.J. Super. 266

Jody A. SAYLES, Administratrix of the Estate of Nicholas Sayles, deceased, Plaintiff, v. G & G HOTELS, INC., Defendant/Third-Party Plaintiff-Appellant/Cross-Respondent, and Howard Johnson International, Inc., Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, v. Donna and Dennis O'Neill, as Guardians for Daniel O'Neill, Third-Party Defendants. Donna and Dennis O'Neill, as Guardians for Daniel O'Neill, Plaintiffs, v. G & G Hotels, Inc., Defendant/Third-Party Plaintiff-Appellant/Cross-Respondent, and Howard Johnson International, Inc., Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, v. Jody A. Sayles, Administratrix of the Estate of Nicholas Sayles, deceased, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 2013.

Attorney(s) appearing for the Case

Robert G. Devine argued the cause for appellant/cross-respondent (White and Williams, attorneys; Mr. Devine , of counsel and on the brief; Victor J. Zarrilli , Cherry Hill, on the brief).

C. Brian Kornbrek argued the cause for respondent/cross-appellant (Greenbaum, Rowe, Smith & Davis, LLP, attorneys; Mr. Kornbrek , of counsel and on the brief; Thomas K. Murphy III , Roseland, on the brief).

Before Judges FISHER, ALVAREZ and WAUGH.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we consider a dispute between defendant G & G Hotels, Inc. (G & G), and defendant Howard Johnson International, Inc. (HJI), triggered when Daniel O'Neill and Nicholas Sayles fell through a third-floor window of G & G's Atlantic City hotel on September 16, 2006. That fall, which killed Sayles and seriously injured O'Neill, generated these consolidated suits and, ultimately...

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