CITY OF UNION CITY v. VEALS


247 N.J. Super. 478 (1991)

589 A.2d 1028

CITY OF UNION CITY, A BODY POLITIC, A/S/O FREDERICK E. FOSTER, PLAINTIFF-APPELLANT, v. ELEANOR VEALS AND THE MOTOR CLUB OF AMERICA, A NEW JERSEY CORPORATION, DEFENDANTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. JASON FOSTER, THIRD-PARTY DEFENDANT. FREDERICK E. FOSTER, PLAINTIFF-RESPONDENT, v. ELEANOR VEALS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 1991.


Attorney(s) appearing for the Case

David C. Barry argued the cause for appellant City of Union City, as subrogee of Frederick E. Foster (Scarinci & Pelio, attorneys; Andre Schramenko, of counsel and on the brief).

Leonard Ginsberg argued the cause for respondent Frederick E. Foster (Robert Diorio, attorney; Leonard Ginsberg, of counsel and on the letter brief).

Samuel R. Mechanic argued the cause for respondents Eleanor Veals and MCA Insurance Company (improperly pleaded as Motor Club of America) (Daniel Leff, on the letter brief).

Before Judges MICHELS, GRUCCIO and D'ANNUNZIO.


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

We granted leave to plaintiff City of Union City (Union City), which claimed to be a subrogee of plaintiff Frederick E. Foster (Foster), to appeal from a summary judgment of the Law Division declaring Foster to be solely entitled to the liability insurance coverage afforded defendant Eleanor Veals (Veals) by defendant MCA Insurance Company (improperly pleaded...

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