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BERRY v. V. PONTE & SONS

166 N.J. Super. 513 (1979)

400 A.2d 114

KEITH BERRY, PLAINTIFF, v. V. PONTE & SONS, DEFENDANT-APPELLANT, AND AMERICAN HOIST & DERRICK CO., ECONOMY BALER CO., HARRIS PRESS AND SHEAR CORP., BALER SERVICE AND EQUIPMENT CO., INC., WEST STREET TRUCKING, JOHN DOE, INDIVIDUALLY OR TRADING AS PROPRIETORSHIP, PARTNERSHIP OR CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Mr. Albert C. Lisbona argued the cause for appellant, V. Ponte & Sons (Messrs. Dwyer, Connell & Lisbona, attorneys).

Mr. Glen A. Montgomery argued the cause for respondents, American Hoist & Derrick Co., Economy Baler Co. and Harris Press & Shear Corp. (Messrs. Bennett & Bennett, attorneys; Mr. Richard D. Bennett of counsel).

No appearance for plaintiff.

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by PRESSLER, J.A.D.

Defendant-respondent American Hoist and Derrick Company (seller) sold an industrial machine to defendant-appellant V. Ponte and Sons (buyer). Their dispute arises out of an indemnity provision included in the contract of conditional sale whereby the buyer agreed to indemnify the seller from liability "arising from injury or damage to property or person, caused...

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