BOARDWALK PROPERTIES, INC., A NEW JERSEY CORPORATION, AND PENTHOUSE INTERNATIONAL, LTD., A NEW YORK CORPORATION, PLAINTIFFS-RESPONDENTS,
v.
BPHC ACQUISITION, INC., A NEW JERSEY CORPORATION, BPHC PARKING CORP., A NEW JERSEY CORPORATION, AND PRATT HOTEL CORP., A DELAWARE CORPORATION, DEFENDANTS/THIRD-PARTY PLAINTIFFS/APPELLANTS. COLUMBUS PLAZA ASSOCIATES, A/K/A HOLLYWOOD PARKING ASSOCIATES, A NEW JERSEY PARTNERSHIP AND PCPI FUNDING CORP., A DELAWARE CORPORATION, DEFENDANTS,
v.
DONALD J. TRUMP, TRUMP PLAZA ASSOCIATES, A NEW JERSEY GENERAL PARTNERSHIP, AND ROBERT C. GUCCIONE, THIRD-PARTY DEFENDANTS/RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 29, 1991.
Decided July 24, 1991.
Attorney(s) appearing for the Case
David J. Sheehan argued the cause for the defendants/third-party plaintiffs/appellants BPHC Acquisition, Inc., BPHC Parking Corp. and Pratt Hotel Corporation (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys, David J. Sheehan, Brian J. McMahon and Guy V. Amoresano, on the brief).
Paul A. Rowe argued the cause for the plaintiffs-respondents, Boardwalk Properties, Inc., Penthouse International, Ltd., and Robert C. Guccione (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys for Boardwalk Properties, Inc. and Robert C. Guccione, Paul A. Rowe, of counsel, Alan S. Naar, Bruce D. Greenberg and Gary K. Wolinetz, on the brief, Kozlov, Seaton & Romanini, attorneys for Penthouse International, Ltd.)
John J. Barry argued the cause for third-party defendants/respondents, Trump Plaza Associates and Donald J. Trump (Clapp & Eisenberg, attorneys for respondent, Donald J. Trump, John J. Barry, Salvatore T. Alfano, Agnes I. Rymer and Madeline E. Cox, on the brief, McGahn, Friss & Miller, attorneys for respondent Trump Plaza Associates).
Before Judges ANTELL, O'BRIEN and KEEFE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KEEFE, J.A.D.
Defendants/Third-Party plaintiffs, BPHC Acquisition, Inc. and BPHC Parking Corp. (BPHC), appeal from the denial of their motion to have the merits of their counterclaim and third-party claim tried by a jury either in the Chancery Division, where the matter is now pending, or in the Law Division where they sought to have the matter transferred.
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