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ESTATE OF BURNS v. CARE ONE LLC

DOCKET No. A-1344-20.

258 A.3d 368 (2021)

468 N.J. Super. 306

ESTATE OF James BURNS, BY AND THROUGH Brian BURNS, Executor, Plaintiff-Respondent, v. CARE ONE AT STANWICK, LLC d/b/a Care One Harmony Village At Moorestown and Care One, LLC, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2021.

Attorney(s) appearing for the Case

Anthony Cocca , Morristown, argued the cause for appellants (Cocca & Cutinello, LLP, attorneys; Anthony Cocca and Katelyn E. Cutinello , of counsel and on the briefs).

Jonathan F. Lauri , Lawrenceville, argued the cause for respondents (Stark & Stark, attorneys; Denise Mariani , Lawrenceville, and Jonathan F. Lauri , of counsel and on the briefs).

Herbert Kruttschnitt, III , Brick, argued the cause for amicus curiae New Jersey Defense Association (Dughi, Hewitt & Domalewski, attorneys; Herbert Kruttschnitt, III and Ryan Alan Notarangelo , of counsel and on the brief).

Sherry L. Foley argued the cause for amicus curiae New Jersey Association for Justice (Foley & Foley, attorneys; Sherry L. Foley and Timothy J. Foley , Saddle River, on the brief).

Before Judges Fisher, Gilson and Gummer.

The opinion of the court was delivered by

In this interlocutory appeal, we consider whether inhabitants of an assisted living residence may assert a private cause of action for the facility's alleged breach of their statutory bill of rights. After closely analyzing the statutes applicable to assisted living residences as...

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