The New Jersey Appellate Division reversed the Union County Superior Court’s dismissal of a legal malpractice claim leveled against Senate President Nicholas P. Scutari over his representation of a since-deceased man in his personal injury claim.

The action underlying the malpractice claim began on Sept. 5, 2017, when Damian Januszczak was injured when he fell at a property in Linden. A month later, he retained Scutari of Scutari Law to represent him in a claim against the property owners. Scutari filed that claim, which named Januszczak as the sole plaintiff, on July 26, 2019. But what Scutari did not know was that Januszczak passed away seven months earlier. The defendants asserted that they were not informed of this fact until September 2019.

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