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G & S INVESTORS v. ARISTOCRAT

256 N.J. Super. 495 (1992)

607 A.2d 682

G & S INVESTORS FRELINGHUYSEN AVENUE, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. ARISTOCRAT LEATHER PRODUCTS, INC., EVANS RULE COMPANY, INC. F/K/A EVANS-ARISTOCRAT INDUSTRIES, INC., MEM COMPANY, INC., PAUL GAST, SAIBER, SCHLESINGER, SATZ & GOLDSTEIN, A PARTNERSHIP ORGANIZED FOR THE PRACTICE OF LAW, AND LEGGETT & PLATT, INC., DEFENDANTS, AND SAIBER, SCHLESINGER, SATZ & GOLDSTEIN, A PARTNERSHIP ORGANIZED FOR THE PRACTICE OF LAW, THIRD-PARTY PLAINTIFF, v. MCCARTER & ENGLISH, THIRD-PARTY DEFENDANT, AND ARISTOCRAT LEATHER PRODUCTS, INC. AND MEM COMPANY, INC., THIRD-PARTY PLAINTIFFS, v. MASCO CORPORATION AND MARKAY PRODUCTS COMPANY, INC., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Kevin J. Bruno argued the cause for appellant G & S Investors (Hannoch Weisman, attorneys; Kevin J. Bruno, of counsel; Kevin J. Bruno and Suzanne Q. Chamberlin, on the brief).

Karen L. Jordan, Deputy Attorney General, argued amicus curiae for Department of Environmental Protection and Energy (Edward J. Dauber, Acting Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Karen L. Jordan, Deputy Attorney General, on the brief).

Mary Lou Delahanty argued the cause for respondents Aristocrat Leather, Inc. and Mem Company, Inc. (Picco Mack Herbert Kennedy Jaffe & Yoskin, attorneys; Mary Lou Delahanty, of counsel; Mary Lou Delahanty and Stacy S. Weinstein, on the brief).

John A. Adler argued the cause for respondent Evans Rule Company (Hellring Lindeman Goldstein & Siegal, attorneys; John A. Adler, of counsel and on the brief).

William J. O'Shaughnessy argued the cause for respondent McCarter & English (Clapp & Eisenberg, attorneys; William J. O'Shaughnessy of counsel; William J. O'Shaughnessy and Frederic S. Kessler, on the brief).

Before Judges ANTELL, BAIME and THOMAS.

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

On December 27, 1985, plaintiff purchased an industrial building located on Frelinghuysen Avenue in Newark from defendant Evans-Aristocrat Industries, Inc., now known as Evans Rule Company, Inc., for $1,125,000. On November 12, 1985, defendant requested from the New Jersey Department of Environmental Protection and Energy ("DEPE"), then known as the Department of Environmental Protection, a "letter of non...

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