MAY STORES SHOPPING CENTERS, INC. v. HARTZ MT.-FREE ZONE CENTER


162 N.J. Super. 130 (1978)

392 A.2d 251

THE MAY STORES SHOPPING CENTERS, INC., A MISSOURI CORPORATION, THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION, AND THE MAY DEPARTMENT STORES COMPANY, D/B/A CONSUMERS DISTRIBUTING COMPANY, FORMERLY A GENERAL PARTNERSHIP AND NOW A DIVISION OF THE MAY DEPARTMENT STORES COMPANY, PLAINTIFFS, v. HARTZ MOUNTAIN-FREE ZONE CENTER, A GENERAL PARTNERSHIP, HARTZ MOUNTAIN ASSOCIATES, A GENERAL PARTNERSHIP, HARTZ MOUNTAIN INDUSTRIES, INC., A NEW YORK CORPORATION, LEONARD N. STERN, EUGENE HELLER, HAROLD E. ROSEN, ARMAND LINDENBAUM, JOSEPH BARDWIL, INDIVIDUALLY AND AS THE GENERAL PARTNERS OF AND IN HARTZ MOUNTAIN-FREE ZONE CENTER, A GENERAL PARTNERSHIP, AND OF AND IN HARTZ MOUNTAIN ASSOCIATES, A GENERAL PARTNERSHIP, AND STATE FARM LIFE INSURANCE COMPANY, AN ILLINOIS CORPORATION, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. QUALITY CONCRETE COMPANY, PRIME ELECTRIC CO., INC., FRATARELLI BROTHERS, INC., C.R.P. FOUNDATIONS, INC., LOUIS J. NACAMULI, T/A NACAMULI ASSOCIATES, ATMOS ENGINEERING COMPANY, INC., J.P. PATTI COMPANY, INC., PETER SORCE CONSTRUCTION CORP., SANTO SORCE, T/A SORCE CONSTRUCTION CORP., THIRD-PARTY DEFENDANTS, AND QUALITY CONCRETE COMPANY, THIRD-PARTY DEFENDANT AND FOURTH-PARTY PLAINTIFF, v. FRATARELLI BROTHERS, INC.: C.R.P. FOUNDATIONS, INC.: LOUIS J. NACAMULI, T/A NACAMULI ASSOCIATES, FOURTH-PARTY DEFENDANTS, AND PETER SORCE CONSTRUCTION CORP., SANTO SORCE, T/A SORCE CONSTRUCTION CORP., THIRD-PARTY DEFENDANTS AND FOURTH-PARTY PLAINTIFF, v. IKENSON IRON WORKS, FOURTH-PARTY DEFENDANT AND FIFTH-PARTY PLAINTIFF, v. JOHN J. FOSTER COMPANY, INC., FIFTH-PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 21, 1978.


Attorney(s) appearing for the Case

Mr. Richard L. Plotkin for plaintiffs (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Richard C. Cooper for defendants and third-party plaintiffs (Messrs. McCarter & English, attorneys).

Mr. Martin B. Wallerstein for third-party defendant and fourth-party plaintiff Quality Concrete Company (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys).

Mr. Kenneth A. Seltzer for third-party defendant and fourth-party defendant Fratarelli Brothers, Inc. (Messrs. Vitiello & Seltzer, attorneys).

No appearance on behalf of third-party defendant and fourth-party defendant C.R.P. Foundations, Inc. (Messrs. Bennett & Bennett, attorneys).

Mr. W. Hunt Dumont for third-party defendant and fourth-party defendant Louis J. Nacamuli, t/a Nacamuli Associates (Messrs. Robinson, Wayne & Greenberg, attorneys).

No appearance on behalf of third-party defendant Atmos Engineering Company, Inc. (Messrs. Haggerty & Donohue, attorneys).

Mr. A. Dennis Terrell for third-party defendants and fourth-party plaintiffs Peter Sorce Construction Corp., Santo Sorce, t/a Sorce Construction Corp. (Messrs. Shanley & Fisher, attorneys).

No appearance on behalf of fourth-party defendant and fifth-party plaintiff, Ikenson Iron Works (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. Raymond J. Lamb for fifth-party defendant John J. Foster Company, Inc. (Messrs. Lamb, Hutchinson, Chappell, Ryan & Hartung, attorneys).


KENTZ, J.S.C.

There is presently before this court a motion of Quality Concrete Company (Quality), joined by Fratarelli Brothers, Inc., C.R.P. Foundations, Inc., Louis J. Nacamuli, t/a Nacamuli Associates and John J. Foster Company, Inc., to transfer this action to the Law Division pursuant to R. 4:3-1. This court signed an order today striking the equitable relief sought in the complaint in this action inasmuch...

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