BD. OF TRUSTEES OF UNION COLLEGE v. KENNERLY, SLOMANSON & SMITH


167 N.J. Super. 311 (1979)

400 A.2d 850

THE BOARD OF TRUSTEES OF UNION COLLEGE, A PRIVATE EDUCATIONAL INSTITUTION AND THE NEW JERSEY EDUCATIONAL FACILITIES AUTHORITY, A PUBLIC CORPORATION AND GOVERNMENT INSTRUMENTALITY ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. KENNERLY, SLOMANSON & SMITH, A NEW YORK PARTNERSHIP FORMERLY KNOWN AS HAMBY, KENNERLY, SLOMANSON & SMITH, MCFARLAND-JOHNSON ENGINEERS, INC., A NEW YORK CORPORATION FORMERLY KNOWN AS McFARLAND-JOHNSON-GIBBONS ENGINEERS, INC., ELECTRICAL INSTALLATIONS, INC., A NEW JERSEY CORPORATION AND PAVING MATERIALS & CONSTRUCTION COMPANY, A DIVISION OF C.H. WINANS COMPANY, INC., A NEW JERSEY CORPORATION, DEFENDANTS, AND PAVING MATERIALS & CONSTRUCTION COMPANY, A DIVISION OF C.H. WINANS COMPANY, INC., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. TRAVELERS INDEMNITY COMPANY, A CONNECTICUT CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT, AND ELECTRICAL INSTALLATIONS, INC., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. MAYER AND FELDHEIM ASSOCIATES, INC., THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided February 9, 1979.


Attorney(s) appearing for the Case

Mr. Robert W. Delventhal for plaintiff Board of Trustees of Union College (Messrs. Crummy, Del Deo, Dolan & Purcell, attorneys).

Mr. Edward F. Lamb for defendant McFarland-Johnson Engineers, Inc. (Messrs. Robinson, Wayne & Greenberg, attorneys).


McKENZIE, J.S.C.

Does an implied warranty of fitness attach to the supplying of the design and specifications for the installation of the lighting system for a parking lot? This is the principal question raised in the defendant's motion for partial summary judgment. The court previously granted the motion in an oral opinion to which this is supplemental.

On or about April 20, 1971 defendant Kennerly, Slomanson and Smith, a New York partnership (hereinafter...

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