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DAUS v. MARBLE

270 N.J. Super. 241 (1994)

636 A.2d 1091

GERALD DAUS AND CAROL ANN DAUS, PLAINTIFFS-APPELLANTS, v. JAKE MARBLE AND DANE MARBLE, DEFENDANTS/THIRD-PARTY PLAINTIFFS/RESPONDENTS, v. TRAVELERS INSURANCE COMPANY, THIRD-PARTY DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1994.

Attorney(s) appearing for the Case

Karen M. Reis argued the cause for appellants (Francis J. DeVito, attorney; Ms. Reis and Francis J. DeVito, on the brief).

Geoffrey Curran Rosamond argued the cause for defendants/third-party plaintiffs/respondents Jake Marble and Dane Marble.

Mark Mattia argued the cause for third-party defendant/respondent Travelers Insurance Company (Nowell, Amoroso & Mattia, attorneys; Susanne M. Guadara, on the brief).

Before BRODY, STERN and KEEFE, JJ.

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

Gerald Daus and Carol Ann Daus appeal from the entry of summary judgment in favor of defendant Jake Marble and third-party defendant, The Travelers Insurance Company (Travelers). We reverse the judgment entered in favor of Jake Marble, but affirm the judgment entered in favor of Travelers.

The following facts are not in dispute. On June 21, 1991, plaintiff Gerald Daus1 and...

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