Appellate Victory for Kulzer & DiPadova
In the Matter of the Estate of Kershak, N.J. Super. App. Div. Eric A. Feldhake and Daniel L. Mellor prevailed for their clients on six of the six issues brought on appeal. The Court found the case potentially included exceptional circumstances that would warrant relief under Rule 4:50-1(f) and the trial judge abused his discretion. The trial judge also improperly denied plaintiffs the opportunity to conduct discovery on the decedent’s incapacity. The second trial judge also erred in finding plaintiff’s later complaint barred by collateral estoppel.