WINZINGER, INC. v. BRENNAN BROS., INC.


191 N.J. Super. 114 (1983)

465 A.2d 579

ROBERT T. WINZINGER, INC., PLAINTIFF, v. BRENNAN BROTHERS, INC., DEFENDANT. IDEAL MUTUAL INSURANCE COMPANY, AS SUBROGEE OF BRENNAN BROTHERS, INC., PLAINTIFF, v. ROBERT T. WINZINGER, INC. AND ROBERT T. WINZINGER, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

May 25, 1983.


Attorney(s) appearing for the Case

John A. Almeida for plaintiff, Robert T. Winzinger, Inc. defendants, Robert T. Winzinger, Inc. and Robert T. Winzinger, individually (Farr, Reifsteck & Wolfe, attorneys).

Richard A. Grodeck for plaintiff, Ideal Mutual Insurance Company (Methfessel & Werbel, attorneys).

Philip A. Pahigian for defendant, Brennan Brothers, Inc. (Wilentz, Goldman & Spitzer, attorneys).


HAINES, A.J.S.C.

Winzinger, a demolition and excavation contractor, rented a 200-ton crane from Brennan Brothers, Inc. with which to perform a contract for the removal of a bridge over Newark Bay. On September 30, 1981, the day the job commenced, the crane caught fire and was damaged substantially. It was insured by Ideal Mutual Insurance Company.

On November 20, 1981, Ideal, as subrogee, filed a complaint concerning the fire loss against Winzinger in the...

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