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PRUDENTIAL v. KARLINSKI

251 N.J. Super. 457 (1991)

598 A.2d 918

PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, PLAINTIFF-RESPONDENT, v. JAMES KARLINSKI, JR., JAMES KARLINSKI, SR., EILEEN KARLINSKI, DEFENDANTS, AND MARK ANTHONY MASCITELLI, JR. AND BRENDA MASCITELLI, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 1991.

Attorney(s) appearing for the Case

Courtland T. Babcock, II argued the cause for appellants (Babcock, Hennes & Bielory, attorneys; Courtland T. Babcock, of counsel; Margarie M. Herlihy on the brief).

Randi S. Greenberg argued the cause for respondent (Robert A. Auerbach, attorney; Randi S. Greenberg, of counsel, and on the brief).

Before Judges GAULKIN, BRODY and LANDAU.

The opinion of the court was delivered by LANDAU, J.A.D.

Defendants Mark Anthony Mascitelli (Mark), a minor, and his mother Brenda Mascitelli, individually and as guardian ad litem, appeal from the award of summary judgment favorable to plaintiff Prudential Property and Casualty Insurance Company (PRUPAC) in a declaratory judgment action. The Mascitellis' cross-motion for summary judgment was denied, but this has not been appealed. PRUPAC sought in the action...

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