WAGER v. BURLINGTON ELEVATORS, INC.


116 N.J. Super. 390 (1971)

282 A.2d 437

MARCUS J. WAGER, JR., PLAINTIFF, v. BURLINGTON ELEVATORS, INC., A CORPORATION OF NEW YORK, DEFENDANT-THIRD PARTY PLAINTIFF, v. CARL E. KEES AND HAZEL KIRK KEES, INDIVIDUALLY AND TRADING AS WILLIAM C. KIRK, KIRK ELEVATOR CO., INC., AND KIRK DUMBWAITER CO., INC., CORPORATIONS OF NEW JERSEY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 12, 1971.


Attorney(s) appearing for the Case

Mr. Robert C. Gruhin for plaintiff.

Mr. Joseph Colt for defendant-third party plaintiff (Mr. Edward E. Kuebler, attorney).

Mr. George L. Sachs for third party defendants (Messrs. Sachs & Sachs, attorneys).

Mr. James B. Moran for New Jersey Manufacturers Insurance Company (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys; Mr. William T. McElroy on the brief).


TUMULTY, J.S.C.

This matter came before the court on two motions which appear to raise a novel issue relative to N.J.S.A. 34:15-50. The first motion was by third-party defendants Carl E. Kees et al. (hereinafter Kees), for an order permitting them to pay into court the sum of $22,500 representing their share of the settlement of this suit. The second motion was by New Jersey Manufacturers Insurance Company, insurer of Wager's employer, Montclair National...

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