NEWARK LABORERS' v. COMM. UNION INS. CO.


126 N.J. Super. 1 (1973)

312 A.2d 649

NEWARK LABORERS' PENSION-WELFARE FUNDS, PLAINTIFF-APPELLANT, v. COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1973.


Attorney(s) appearing for the Case

Messrs. Apruzzese & McDermott, attorneys for appellant (Mr. Vincent J. Apruzzese, of counsel; Mr. Elwood J. Heerwagen, Jr., on the brief).

Messrs. Bruck and Bigel, attorneys for respondent (Milton Bruck of counsel).

Before Judges CARTON, SEIDMAN and GOLDMANN.


The opinion of the Court was delivered by SEIDMAN, J.A.D.

The issue in this appeal is whether, in an action to collect an employer's delinquent contributions to the welfare and pension fund of a laborers' union, costs and reasonable attorney's fees are recoverable from a surety company on payment bonds furnished in connection with the construction of two housing projects for which financing was provided by the New Jersey Housing Agency.

The trial judge held...

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