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BD. OF EDUC. OF CLIFTON v. W.R. GRACE

258 N.J. Super. 94 (1992)

609 A.2d 92

BOARD OF EDUCATION OF THE CITY OF CLIFTON, BOARD OF SCHOOL ESTIMATE OF THE CITY OF CLIFTON, PLAINTIFFS, v. W.R. GRACE CORP.; U.S. GYPSUM, INC., PFIZER, INC. AND BASIC INC., INDIVIDUALLY AND AS SUCCESSORS IN TO GIBSONBURG LIME PRODUCTS CO. AND KELLY ISLAND LIME & TRANSPORT CO.; ASBESTOS CORP., LTD.; CAREY-CANADIAN INC.; ISAAC DEGENAARS CONSTRUCTION CO.; RANDAZZO CONSTRUCTION CO.; THOMAS CONSTRUCTION CO.; LASKER GOLDMAN CONSTRUCTION CO.; CONLIN CONSTRUCTION CO.; BERT THOMAS/ATKINS CONSTRUCTION CO.; ROMAGNINO CONSTRUCTION CO. MAHIEU CONSTRUCTION CO.; RIEFOLO CONSTRUCTION CO.; JOHN DOES 1-5 (AS YET UNIDENTIFIED); JOHN DOES 5-10 (AS YET UNIDENTIFIED); JOHN DOES 15-20 (AS YET UNIDENTIFIED), DEFENDANTS.

Superior Court of New Jersey, Law Division Passaic County.

April 10, 1992.

Attorney(s) appearing for the Case

Anthony V. D'Elia, attorney for plaintiffs, (Carlin & D'Elia, attorneys).

Kevin T. Coughlin, attorney for defendant, Isaac DeGenaars Construction Co., (McElroy, Deutsch & Mulvaney, attorneys) Nancy McDonald on the brief.

DWYER, J.S.C.

Defendant, Isaac DeGenaars Construction Company ("DeGenaars"), the general contractor for construction of School No. 14, moved for summary judgment in its favor against the complaint of plaintiffs, Board of Education of the City of Clifton and the Board of School Estimate of the City of Clifton (hereinafter collectively "Clifton"), on the basis that it having followed the plans and specifications furnished by Clifton and having had no discretion to deviate...

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