Estate of Desir v. Vertus

Defendant Jean Robert Vertus ran to the house of his friend, neighbor, and client, Cosme Novaly, for help when he suspected that his business office might be the target of a robbery. As Judge Cardozo famously said: “Danger invites rescue,” and “[t]he cry of distress is the summons to relief.” Wagner v. Int’l Ry. Co., 232 N.Y. 176, 133 N.E. 437, 437 (1921). Unlike the majority, I agree with the Appellate Division that Vertus had a duty to disclose to Novaly what he knew about the danger toward which he drew his friend and business client. In re Estate of Desir v. Vertus, 418 N.J.Super. 310,…