POPOW v. WINK ASSOCIATES


269 N.J. Super. 518 (1993)

636 A.2d 74

DANIEL POPOW, PLAINTIFF-RESPONDENT, v. WINK ASSOCIATES, T/A THE WAITING ROOM, DEFENDANT-APPELLANT, AND JAMIE HEATH, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1993.


Attorney(s) appearing for the Case

Gerald Kaplan argued the cause for appellant Wink Associates through its general liability insurer (Berlin, Kaplan, Dembling & Burke, attorneys; Mr. Kaplan, of counsel; Kenneth A. Resnick, on the brief).

Eileen M. Egan argued the cause for respondent Wink Associates through its liquor liability insurer (Lorber, Schneider, Nuzzi, Vichness & Bilinkas, attorneys; Ms. Egan, of counsel and on the brief).

Robert J. Jeney, Jr., argued the cause for respondent Daniel Popow.

Defendant Heath did not participate in this appeal.

Before PETRELLA, CONLEY and VILLANUEVA, JJ.


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

This is an appeal by defendant Wink Associates, trading as The Waiting Room, a tavern1 in Rahway, New Jersey. More precisely, it is an appeal in which the tavern's general liability insurer seeks in large part to hold the tavern additionally liable on a ground that the jury found it not culpable, i.e., serving intoxicating...

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