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CASSANO v. DURHAM

180 N.J. Super. 620 (1981)

436 A.2d 118

MARGARET CASSANO, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF RONALD CASSANO AND JANE STRUBLE, PLAINTIFFS, v. LAWRENCE R. DURHAM, DEFENDANT.

Superior Court of New Jersey, Law Division Passaic County.

Decided May 29, 1981.

Attorney(s) appearing for the Case

Frederic J. Rossi for plaintiffs (Wegner & Wegner, attorneys).

George O. Foster for defendant (Fiorello, Moraff & Foster, attorneys).

SCHWARTZ, J.S.C.

The issue in this case is whether one who maintains a "live-in" relationship with another without the benefit of a marital ceremony may recover under the Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) for pecuniary loss sustained by reason of the partner's accidental death.

N.J.S.A. 2A:31-4 provides that the amount recovered in proceedings under this statute "shall be for...

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