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ALBRIGHT v. BURNS

206 N.J. Super. 625 (1986)

503 A.2d 386

ANITA M. ALBRIGHT, COEXECUTRIX OF THE ESTATE OF ETTA MAE BURNS, AND HENRY FARER, SUBSTITUTED ADMINISTRATOR WITH THE WILL ANNEXED OF EMIL E. BRUCH, PLAINTIFFS-APPELLANTS, v. JOHN F. BURNS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF EMIL E. BRUCH, AND HARVEY R. POE, INDIVIDUALLY, AND AS ATTORNEY FOR THE ESTATE OF EMIL E. BRUCH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1986.

Attorney(s) appearing for the Case

Margolis, Chase, Kosicki, Aboyoun & Hartman, P.A., attorneys for appellant Albright (Eric L. Chase, of counsel; Mark C. Perlberg, on the brief).

Farer, Siegal & Fersko, Attorneys for appellant Farer (Jack Fersko, of counsel and on the brief).

Keith J. Burns, attorney for respondent Burns.

Ribis, McCluskey, Graham & Decotiis, attorneys for respondent Poe (Bruce R. Volpe and Laura M. McGeough, on the brief).

Before Judges SHEBELL, MUIR and MATTHEWS.

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

Plaintiffs appeal the denial of their motion for partial summary judgment and the granting of defendants' motions for judgment at the conclusion of plaintiffs' case.

Plaintiffs brought suit against defendants, John F. Burns and attorney Harvey R. Poe, charging fraud, conversion, breach of fiduciary duty and negligence, alleged to arise out of dealings...

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