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FRIEDMAN v. FRIENDLY ICE CREAM CO.

133 N.J. Super. 333 (1975)

336 A.2d 493

AL FRIEDMAN, PLAINTIFF-APPELLANT, v. FRIENDLY ICE CREAM CO., COMMERCIAL UNION ASSURANCE COMPANIES AND EMPLOYERS-COMMERCIAL UNION COMPANIES, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. FRUIT CROWN PRODUCTS CORP., WAWONA PRESERVING CO. AND BLANKE BAIR, INC., THIRD-PARTY DEFENDANTS, v. LYONS MAGNUS, FOURTH-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1975.

Attorney(s) appearing for the Case

Mr. Donald T. Joworisak argued the cause for appellant (Mr. Thomas W. Sharlow, attorney).

Mr. Thomas E. Lenney argued the cause for respondents Friendly Ice Cream Company, Commercial Union Assurance Companies and Employers-Commercial Union Companies (Mr. Robert F. Colquhoun, attorney).

Messrs. Wolff, Britt & Riehl filed a statement in lieu of brief for Fruit Crown Products Corp.

Mr. George H. McElroy filed a statement in lieu of brief for Wawona Preserving Co.

Messrs. Lewis, Siegel & Wood filed a statement in lieu of brief for Blanke Bair, Inc.

Lyons Magnus was made a fourth-party defendant but was never served with process.

Before Judges HALPERN, CRAHAY and WOOD.

PER CURIAM.

Summary judgment was entered in favor of defendants Friendly Ice Cream Company (Friendly), Commercial Union Assurance Companies and Employers-Commercial Union Companies (insurers), and plaintiff's complaint against them was dismissed. Plaintiff appeals from the entry of that judgment.

The third and fourth-party defendants were not sued directly by plaintiff, and for all practical purposes are not parties to this appeal.

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