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BAUREIS v. SUMMIT TRUST CO.

280 N.J. Super. 154 (1995)

654 A.2d 1017

MONIQUE BAUREIS, PLAINTIFF-RESPONDENT, v. THE SUMMIT TRUST COMPANY, DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF, v. THE ESTATE OF GEORGE BAUREIS, HERBERT G. ZARROW, WALTER BAUREIS AND WILLIAM J. BEYER, III, IN THEIR CAPACITIES AS EXECUTORS OF THE ESTATE OF GEORGE BAUREIS, BAUREIS INVESTMENT ASSOCIATES F/K/A BAUREIS INVESTMENTS, L.P., HERBERT ZARROW, IN HIS INDIVIDUAL CAPACITY, ZARROW, ZARROW & KLEIN, DONALD BAUREIS, DAVID BAUREIS, STEPHEN BAUREIS, AND JOHN DOES 1 THROUGH 10, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1995.

Attorney(s) appearing for the Case

Steven S. Radin argued the cause for appellant The Summit Trust Company (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Radin, of counsel; Mark E. Duckstein and Patricia B. Fugee, on the brief).

Helen Davis Chaitman argued the cause for appellee (Ross & Hardies, attorneys; Ms. Chaitman, of counsel; Laurence J. Bravman and Kelly J. Bugle, on the brief).

Before Judges DREIER, VILLANUEVA and WEFING.

The opinion of the court was delivered by WEFING, J.A.D.

After carefully considering the record in this matter and the parties' arguments, we conclude the trial court erred when it denied the motion of defendant The Summit Trust Company (Summit) to dismiss plaintiff's complaint against it for failure to comply with the entire controversy doctrine. We reverse and remand the matter with directions to dismiss the complaint.

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