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INDUSTRIAL DEV. v. COMMERCIAL UNION

127 N.J. 94 (1992)

602 A.2d 733

INDUSTRIAL DEVELOPMENT ASSOCIATES, INC., A/K/A INDUSTRIAL DEVELOPMENT ASSOCIATION, A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT, v. COMMERCIAL UNION SURPLUS LINES INSURANCE COMPANY, A CORPORATION OF THE STATE OF DELAWARE; EXECUTIVE EXCESS LTD.; ANTONIO SUAREZ, D/B/A I.C.P.; ASSOCIATED FINANCIAL SERVICES, A NEW JERSEY CORPORATION; P.P.G. INDUSTRIES, INC., A CORPORATION OF THE STATE OF PENNSYLVANIA, AND PUGLIESE SWIMMING POOLS CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS, AND F.T.P., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 19, 1992.

Attorney(s) appearing for the Case

Robert H. Tell argued the cause for appellant (Lynch, Martin, Philibosian & Chansky, attorneys).

Glenn A. Bergenfield argued the cause for respondent (Chazkel & Bergenfield, attorneys).

PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in Judge Gruccio's opinion, reported at 248 N.J.Super. 468, 591 A.2d 682 (1991).

For affirmance — Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN — 7.

For reversal...

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