FIRST FIDELITY v. SOUTHEASTERN INS.


253 N.J. Super. 439 (1991)

601 A.2d 1212

FIRST FIDELITY BANK, PLAINTIFF, v. SOUTHEASTERN INSURANCE GROUP, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided June 24, 1991.


Attorney(s) appearing for the Case

Budd, Larner, Gross, Rosenbaum, Greenberg & Sade (Michael M. Rosenbaum, Claudia A. Costa, appearing and on the brief), Short Hills, David K. DeLonge, Scheider & Wiener, Newark, for plaintiff.

William D. Lipkind, Lampf, Lipkind, Prupis, Petigrow & LaBue, West Orange. Michael M. Rosenbaum, Budd Larner Gross Rosenbaum Greenberg & Sade, Short Hills, for Bellezza, Olstein, Sabato and Paulus.

James J. Higgins, Boyar, Higgins & Hayden, Morristown, for Neil Prupis.

Bruce M. Pitman, Pitman & Pitman, Springfield, for Carl B. Shible.

Gerald J. Houlihan, Steel, Hector & Davis, Miami, Fla. Amy Sarracino, Braff, Ertag, Wortmann, Harris & SuKoneck, Livingston, Co-counsel for Robert A. Beck, II.

Ross & Hardies, Helen Davis Chaitman, Somerset.

Steel, Hector & Davis Jay Starkman appearing and on the brief, for defendant.


YANOFF, J.S.C. (temporarily assigned) (retired, on recall).

Involved here is R. 4:48-4, not yet interpreted by decision.

The Rule reads:

If a judgment is recovered against 2 or more persons, one of whom, liable thereon secondarily or equally with any other, satisfies the judgment, or when bail in a civil action is compelled to pay a judgment against a defendant, the person paying the judgment...

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