DUNELLEN BOR. v. F. MONTECALVO CONTR.


273 N.J. Super. 23 (1994)

640 A.2d 1185

BOROUGH OF DUNELLEN, A MUNICIPAL CORPORATION, PLAINTIFF, v. F. MONTECALVO CONTRACTING CO., INC., A NEW JERSEY CORPORATION, AND F.I.A. INSURANCE COMPANY, DEFENDANTS/THIRD-PARTY PLAINTIFFS, v. STETLER & GULDIN ENGINEERING, INC., THIRD-PARTY DEFENDANT/FOURTH PARTY PLAINTIFF/RESPONDENT, v. BOROUGH OF DUNELLEN, A MUNICIPAL CORPORATION, FOURTH-PARTY DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1994.


Attorney(s) appearing for the Case

William H. Gazi argued the cause for appellant Borough of Dunellen (Foley & Gazi, attorneys; Mr. Gazi, on the brief).

Joseph Michelini argued the cause for respondent Stetler & Guldin Engineering, Inc. (O'Malley & Surman, attorneys; Jerome C. Landers, on the brief).

Before Judges BRODY, STERN and KEEFE.


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

The Borough of Dunellen (Dunellen) appeals from an order declaring that it must provide for the defense and indemnification of Stetler & Guldin Engineering, Inc. (Stetler), the borough engineer, respecting the claims asserted against Stetler in this action by F. Montecalvo Contracting Co. (Montecalvo). Dunellen acknowledges that it would be obliged to pay Stetler's attorneys fees and expenses had they been...

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