GARRUTO v. CANNICI


936 A.2d 1015 (2007)

397 N.J. Super. 231

Felix M. GARRUTO and Francisco Garruto, Plaintiffs-Appellants v. Lorraine CANNICI, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 2007.


Attorney(s) appearing for the Case

Donald J. Rinaldi, Nutley, argued the cause for appellants (DiBiasi & Rinaldi, attorneys; Thomas S. DiBiasi, on the brief).

Clinton H. Drymon, Dover, argued the cause for respondent.

Before Judges PAYNE, SAPP-PETERSON and MESSANO.


The opinion of the court was delivered by

PAYNE, J.A.D.

Approximately one year after the death of Mary Garruto on October 30, 2004, and the admission of her will to probate and issuance of letters testamentary to decedent's niece, defendant Lorraine Cannici, on November 3, 2004, Mary's brothers, plaintiffs Felix and Francisco Garruto, filed a two-count action in the Law Division alleging the commission of fraud in the inducement by Cannici, and claiming that...

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