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RODIO v. SMITH

123 N.J. 345 (1991)

587 A.2d 621

MARIE R. RODIO AND SALVATORE J. RODIO, JR., PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. ROBERT WILLIAM SMITH AND ALLSTATE INSURANCE COMPANY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 14, 1991.

Attorney(s) appearing for the Case

David J. D'Aloia argued the cause for appellants and cross-respondents (Saiber, Schlesinger, Satz & Goldstein, attorneys; David J. D'Aloia and Joan M. Schwab, on the briefs).

Clifford L. Van Syoc argued the cause for respondents and cross-appellants.

The opinion of the Court was delivered by POLLOCK, J.

Like the companion case, Weinisch v. Sawyer & Allstate Insurance Co., 123 N.J. 333, 587 A.2d 615 (1991), decided today, this case requires us to determine whether plaintiffs' claim is properly construed as one for reformation rather than for money damages, and if so, whether a jury trial is available in an action for reformation of an...

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