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DE LOS SANTOS v. SADDLEHILL, INC.

211 N.J. Super. 253 (1986)

511 A.2d 721

REYNALDO DE LOS SANTOS, ADMINISTRATOR AD PROSEQUENDUM AND GENERAL ADMINISTRATOR OF THE ESTATE OF ARLENE DE LOS SANTOS, REYNALDO DE LOS SANTOS, INDIVIDUALLY AND RAMONA DE LOS SANTOS, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. SADDLEHILL, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY; WILLIAM KOESTNER, IND. AND T/A SADDLEHILL, INC.; ANTHONY CORP. AND ANTHONY IAFELICE, IND. AND ANTHONY IAFELICE, T/A ANTHONY CORPORATION, JOHN CAPOBIANCO AND ELEVATOR MAINTENANCE, INC.; AND NEW JERSEY ELEVATOR GATE & DOOR, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1986.

Attorney(s) appearing for the Case

Harold J. Cassidy argued the cause for appellants (Cassidy, Despo, Foss & San Filippo, attorneys; Harold J. Cassidy and Randolph H. Wolf, on the brief).

Gerald Kaplan argued the cause for respondents Saddlehill, Inc., William Koestner, Ind. and T/A Saddlehill, Inc.; Anthony Corp. and Anthony Iafelice, Ind. and Anthony Iafelice, T/A Anthony Corporation (Lieb, Berlin & Kaplan, attorneys; Gerald Kaplan, of counsel and on the brief).

Stephen A. Geffner argued the cause for respondents John Capobianco and Elevator Maintenance, Inc. (Gallo, Geffner, Fenster, Farrell & Turitz, attorneys; Stephen A. Geffner, of counsel and on the brief).

Brief on behalf of respondent New Jersey Elevator Gate & Door, Inc., was suppressed.

Before Judges FRITZ, BRODY and BAIME.

The opinion of the Court was delivered by BAIME, J.A.D.

Plaintiffs instituted this action to recover damages for the death of their five-year old daughter who was crushed in the elevator of the apartment building in which they resided. The 46 count complaint included wrongful death and survival actions as well as individual claims for infliction of emotional distress. Named as defendants were Saddlehill, Inc., the...

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