BATTISTA v. OLSON


250 N.J. Super. 330 (1991)

594 A.2d 260

KATHERINE BATTISTA, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WILLIAM NICHOLAS BATTISTA III, DECEASED AND KATHERINE BATTISTA, INDIVIDUALLY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. PAUL OLSON, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND BOROUGH OF LEONIA, CARMEY CROSS, TODD CIESLAK, JOHN CRAWBUCK, MARION CRAWBUCK AND GEORGE CRAWBUCK, DEFENDANTS. KATHERINE BATTISTA, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WILLIAM NICHOLAS BATTISTA III, DECEASED AND INDIVIDUALLY AND AS ASSIGNEE OF PAUL OLSON, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. WESTERN WORLD INSURANCE COMPANY, INC. AND BOROUGH OF LEONIA, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND THE AETNA CASUALTY AND SURETY COMPANY, INC. AND LIEB, BERLIN AND KAPLAN, A PROFESSIONAL CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1991.


Attorney(s) appearing for the Case

Beverly R. Porway argued the cause for appellant and cross-respondent Katherine Battista, Administratrix ad Prosequendum of the Estate of William Nicholas Battista III, Deceased and Katherine Battista, Individually (Gladstone & Hart, attorneys; Beverly R. Porway, of counsel and on the brief).

Milton Gurny argued the cause for respondent and cross-appellant Paul Olson (Hein, Smith, Berezin, Maloof & Spinella, attorneys; Milton Gurny, of counsel and on the brief).

Marvin H. Gladstone argued the cause for appellant and cross-respondent Katherine Battista, Administratrix ad Prosequendum of the Estate of William Nicholas Battista III, Deceased and Individually and as Assignee of Paul Olson (Gladstone & Hart, attorneys; Marvin H. Gladstone, of counsel and on the brief).

Bruce A. Tritsch argued the cause for respondent and cross-appellant Western World Insurance Company, Inc. (Feinberg, Feinberg & Tritsch, attorneys; Bruce A. Tritsch, of counsel; Bruce A. Tritsch and Steven A. Tritsch, on the brief).

John G. Tinker, Jr. argued the cause for respondent and cross-appellant Borough of Leonia (Leary, Bride, Tinker & Moran, attorneys; John G. Tinker, Jr., of counsel and on the brief).

Before Judges MICHELS, BRODY and D'ANNUNZIO.


PER CURIAM.

In these appeals, which we now consolidate, plaintiff Katherine Battista, Administratrix ad Prosequendum of the Estate of her son, William Nicholas Battista III (William), deceased, and individually and as assignee of Paul Olson, appeals (1) from portions of an order of the Law Division that (a) declared that a $1,000,000 settlement of her punitive damages claim under an agreement that released defendant Paul Olson (Olson) from any responsibility to pay...

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