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Thursday, March 17, 2011

Laura Higgins, et al. v. Mary F. Thurber, et al. (A-12-10)

Laura Higgins, et al. v. Mary F. Thurber, et al. (A-12-10)

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in Judge Fisher’s opinion below. Although a potential claim sounding in legal malpractice may have been raised in the probate proceeding, it cannot be said that plaintiffs had a “full and fair opportunity to litigate those claims or that it would otherwise be equitable to bar this subsequent suit” under the entire controversy doctrine.