Gerszberg v. Jacuzzi Whirlpool Bath & Toms River Plumbing & Heating Supply, Inc.

The opinion of the court was delivered by

LANDAU, J.A.D.

This appeal by plaintiff Rose Gerszberg, individually and as executrix of the estate of Shepherd Gerszberg, deceased, is taken from part of a final Law Division order of distribution dated November 7,1994. The order apportioned, under N.J.S.A 2A:31-4, net proceeds of the $300,000 settlement of a wrongful death action (N.J.S.A 2A:31-1) in which plaintiff was represented by respondents O’Connor and Rhatican, Esqs. Respondents cross-appealed but did not pursue the cross-appeal in their brief and argument.

The order first approved deduction of…