BOARD OF TRUSTEES OF BERGEN COMMUNITY COLLEGE, PLAINTIFF-APPELLANT, CROSS-RESPONDENT,
v.
J.P. FYFE, INC., JOHN DELAGE, THE CELOTEX CORPORATION, GAF CORPORATION, COMMERCIAL UNION INSURANCE COMPANY, THE UPJOHN COMPANY AND JOHN DOE, A FICTITIOUS NAME, DEFENDANTS-RESPONDENTS. GAF CORPORATION, DEFENDANT-THIRD PARTY PLAINTIFF-RESPONDENT-CROSS-APPELLANT, AND COMMERCIAL UNION INSURANCE COMPANY, DEFENDANT-THIRD PARTY PLAINTIFF,
v.
GLENWAL CONSTRUCTION COMPANY, THE GRAD PARTNERSHIP AND JOHN DOE, A FICTITIOUS NAME, THIRD PARTY DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 19, 1983.
Decided November 17, 1983.
Attorney(s) appearing for the Case
William C. Slattery argued the cause for appellant (Rosen, Gelman & Weiss, attorneys; Jill E. Haley, on the brief).
Ronald M. Sturtz argued the cause for respondent-cross-appellant (Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, attorneys; Joseph J. Fleischman and Steven L. Sacks-Wilner on the brief).
Marlene F. Cosentino argued the cause for defendant-respondent Upjohn Company (Lum, Biunno & Tompkins, attorneys).
Bright & Zirulnik, attorneys for defendants-respondents J.P. Fyfe, Inc. and John Delage (Edward J. Nesselquist, of counsel and on the brief).
Before Judges FRITZ, FURMAN and DEIGHAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by FURMAN, J.A.D.
In a published opinion at 188 N.J.Super. 288 (Law Div. 1982), Judge Yanoff upheld the defense of the statute of limitations on motion by plaintiff community college to strike it. Because of plaintiff's stipulation that the action was out of time if the statute of limitations should be held to be applicable, the order by Judge Yanoff concluded the litigation except for...
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