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HORNER MACK TRUCKS, INC. v. CRESCAR CORP.

141 N.J. Super. 599 (1976)

359 A.2d 519

HORNER MACK TRUCKS, INC., PLAINTIFF, v. CRESCAR CORP. & PENNSYLVANIA MANUFACTURERS INSURANCE CO., DEFENDANTS. CRESCAR CORP., DEFENDANT AND THIRD-PARTY PLAINTIFF, v. PENNSYLVANIA MANUFACTURERS INSURANCE CO. & CUMBERLAND CONSTRUCTION CO., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 15, 1976.

Attorney(s) appearing for the Case

Mr. Louis Niedelman for third-party defendant Pennsylvania Manufacturers Insurance Co. (Messrs. Cooper. Perskie, Neustadter & Katzman, attorneys).

Mr. Ronald J. Uzdavinis for third-party defendant, Cumberland Construction Co. (Messrs White & Strout, attorneys).

MILLER, J.C.C., Temporarily Assigned.

Third-party defendant Cumberland Construction Co. moves pursuant to R. 4:8-1 for dismissal of third-party defendant's Pennsylvania Manufacturers Insurance Co. cross-claim, this being analogous to an original third-party suit, R. 4:8-1(b).

This then becomes a motion by a third-party defendant for dismissal of the third-party complaint on the grounds that it is inappropriate to entertain this type of a claim...

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