shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession." In accordance with N.J.S.A. 3B:10-29, "every personal representative has a right to and shall take possession or control of, the decedent's property. The Mallon defendants contend that Orland is no longer good law, and that the controlling authority is N.J.S.A. Plaintiff further contends that as owners of the property, defendants' failure to repair a broken sewer line, which caused raw sewage to flow onto plaintiff's property constituted a failure to abate a nuisance and continuing trespass. 1967), the defendants became owners of the property once owned by the late Catherine Mallon on Ninth Street, Union City (the property), upon her death. Plaintiff asserts in his appellate brief that "he crux of the motion for summary judgment was whether or not, under the facts as stated, the heirs of the estate were liable to plaintiff as owners of the property from which the raw sewerage flowed into the plaintiff's property." Plaintiff contends that under Orland Props. A separate order for entry of judgment against the Estate and against Kathleen Hugin, individually and as Executrix of the Estate, was filed on December 21, 2007. Defendants Quagliaozzi and Lopez were dismissed from the action by order for voluntary dismissal filed on November 29, 2006. Additional heirs to the Estate, defendants Kathleen Hugin, Christa Quagliaozzi, and Maureen Lopez are not participating in this appeal. Mallon (collectively the Mallon defendants), as heirs to the Estate of Catherine Mallon, deceased (the Estate). Plaintiff, Ewald Pries, appeals from an order, dated June 9, 2006, granting summary judgment in favor of defendants, Thomas Mallon, Michael J. Lanza argued the cause for respondents (Lanza & Lanza LLP, attorneys Mr. On appeal from the Superior Court of New Jersey, Law Division, Hudson County, L-3729-04.
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