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CARDELL, INC. v. PISCATELLI

277 N.J. Super. 149 (1994)

649 A.2d 107

CARDELL, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. ANDREW PISCATELLI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1994.

Attorney(s) appearing for the Case

Dennis A. Estis argued the cause for appellant (Greenbaum, Rose, Smith, Ravin & Davis, attorneys; Mr. Estis, of counsel and on the brief; Eric A. Cohn, on the brief).

Bruce S. Etterman argued the cause for respondent (Hellring, Lindeman, Goldstein & Siegal, attorneys; Mr. Etterman, of counsel and on the brief; James A. Scarpone, on the brief).

Before Judges DREIER, VILLANUEVA and WEFING.

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

Defendant appeals, after a special master's review, from a judgment of $178,571.63 plus interest entered against him and in favor of plaintiff for work performed in paving a parking lot. We reverse and remand for a full trial in the Law Division.

The primary issue is whether recycled asphalt pavement (RAP) mixed with certain soil aggregate constituted a proper base material. A secondary issue is...

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