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SOMERSET CTY. v. DURLING

174 N.J. Super. 52 (1980)

415 A.2d 371

COUNTY OF SOMERSET, PLAINTIFF, v. THEODORE W. DURLING, HARRIET E. DURLING, AND JOHN CATON, DEFENDANTS. JOHN CATON, THIRD-PARTY PLAINTIFF, v. LILLIAN F. BELLOWS, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Chancery Division — Somerset County.

Opinion Rendered May 7, 1980.

Attorney(s) appearing for the Case

Michael V. Camerino for plaintiff (Ozzard, Rizzolo, Klein, Mauro & Savo, attorneys).

Richard J. Murray for defendant.

Roger A. Beeman for third-party plaintiff (Roth, Beeman & Savage, attorneys).

G. Thomas Reynolds, Jr. for third-party defendant (Mason, Griffin & Pierson, attorneys).

DREIER, J.S.C.

This is a quiet title action by the County of Somerset. Third-party defendant Lillian F. Bellows (Bellows) has moved for summary judgment dismissing defendant third-party plaintiff John Caton's (Caton) claim against her for indemnity based upon an alleged breach of warranty or misrepresentation.1 The question here discussed, of novel impression in New Jersey, is whether certain statements in an affidavit of title are legally...

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