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BRETT v. GREAT AMERICAN RECREATION

279 N.J. Super. 306 (1995)

652 A.2d 774

PATRICK BRETT AND ELISA RAMUNDO, PLAINTIFFS-RESPONDENTS, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONEHILL PROPERTY OWNERS ASSOCIATION, INC., HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS/THIRD-PARTY-PLAINTIFFS, AND RUDOLPH MAURIZZI, DEFENDANT/THIRD-PARTY-PLAINTIFF/RESPONDENT, v. DENISE MCDADE, NANCY MORGAN, THIRD-PARTY-DEFENDANTS. KAREN FURMAN, PLAINTIFF-RESPONDENT, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONEHILL PROPERTY OWNERS ASSOCIATION INC., HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS/THIRD-PARTY-PLAINTIFFS, v. RUDOLPH MAURIZZI, THIRD-PARTY-DEFENDANT/RESPONDENT. DONALD PISARCIK, PLAINTIFF-RESPONDENT, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONE HILL PROPERTY OWNERS ASSOCIATION INC., HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS, AND RUDOLPH MAURIZZI, DEFENDANT-RESPONDENT. MEGAN RUSSELL, PLAINTIFF-RESPONDENT, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONE HILL PROPERTY OWNERS ASSOCIATION INC., HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS/THIRD-PARTY-PLAINTIFFS, AND RUDOLPH MAURIZZI, LISA CARMELITANO, THIRD-PARTY-DEFENDANTS/RESPONDENTS, AND KAREN FURMAN, THIRD-PARTY-DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1995.

Attorney(s) appearing for the Case

Samuel A. DeGonge argued the cause for appellant Great American Recreation, Inc. (Samuel J. McNulty, on the brief).

Philip G. Auerbach argued the cause for respondents Patrick Brett, Elisa Ramundo, Karen Furman and Donald Pisarcik (Auerbach & Cox, attorneys; Mr. Auerbach, on the brief).

John P. Doran argued the cause for respondent Megan Russell.

Anthony P. Pasquarelli argued the cause for respondent Rudolph Maurizzi (Methfessel & Werbel, attorneys; Jared E. Stolz, of counsel and on the brief).

Kevin J. Decoursey argued the cause for respondent Lisa Carmelitano (O'Toole & Couch, attorneys; Michael Della Rovere, on the brief).

Before Judges BRODY, LONG and ARNOLD M. STEIN.

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

Plaintiffs in this consolidated personal injury action are five of thirteen college friends, then twenty and twenty-one years old, who had planned to be together for a winter weekend at a condominium in Vernon Township. The owner of the condominium, third-party defendant Rudolph Maurizzi, is the uncle of third-party defendant Lisa Carmelitano, one of the group. He allowed the group to use his condominium, which...

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