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BADUINI v. SERINA

868 A.2d 372 (2005)

375 N.J. Super. 478

Richard P. BADUINI and Gladys Baduini, his wife, Plaintiffs-Appellants, v. Stephina SERINA, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 2005.

Attorney(s) appearing for the Case

Mark T. McMenamy, New York, NY, argued the cause for appellants (Bressler, Amery & Ross, attorneys; Mr. McMenamy, on the brief).

Joseph J. Garvey, Toms River, argued the cause for respondent (Garvey, Ballou & VanDyke, attorneys; Robin J. Gottilla, on the brief).

Before Judges STERN, WECKER and GRAVES.

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiffs appeal from an order of February 5, 2004, granting defendant's motion for summary judgment, denying plaintiffs' motion to strike the affirmative defenses, and dismissing the complaint under the "deemer" statute, N.J.S.A. 17:28-1.4, for failure to satisfy the verbal threshold. The judgment was based, in part, on Judge Edward Oles' letter opinion of October 1, 2003, as orally amended...

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