ASSOCIATED METALS, ETC., CORP. v. DIXON, CHEMICAL & RESEARCH, INC.


52 N.J. Super. 143 (1958)

145 A.2d 49

ASSOCIATED METALS AND MINERALS CORP., A NEW YORK CORPORATION, PLAINTIFF, v. DIXON CHEMICAL & RESEARCH, INC., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. GLENS FALLS INSURANCE COMPANY, A NEW YORK CORPORATION, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided October 1, 1958.


Attorney(s) appearing for the Case

Messrs. Riker, Emery & Danzig (Mr. Theodore McC. Marsh appearing), attorneys for plaintiff.

Messrs. Shaw, Pindar, McElroy & Connell (Mr. Robert Shaw appearing), attorneys for defendant and third-party plaintiff.

Messrs. Budd, Larner & Kent (Mr. Samuel A. Larner appearing), attorneys for third-party defendant.


KOLOVSKY, J.S.C.

Plaintiff has moved, several months after joinder of issue and just prior to a scheduled pretrial conference, for leave to file both an amendment to the complaint and a supplemental complaint.

Defendant, although expressing no basic objection to the granting of the leave sought, contends that since the equitable phase of the case has become moot by reason of the circumstances hereinafter detailed, it is now entitled to demand a trial by jury...

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