DAI v. COMMUNITY MEDICAL CENTER


295 N.J. Super. 206 (1996)

684 A.2d 991

SADIE DAI, PLAINTIFF, v. COMMUNITY MEDICAL CENTER, A/K/A COMMUNITY MEMORIAL HOSPITAL, DEFENDANT-RESPONDENT/CROSS-APPELLANT, AND NEW JERSEY AUTOMATIC DOOR, INC., DEFENDANT-APPELLANT/CROSS-RESPONDENT, AND BESAM, INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1996.


Attorney(s) appearing for the Case

Joseph A. Daly argued the cause for appellant New Jersey Automatic Door, Inc. (Kelly, McLaughlin & Foster, attorneys; Mr. Daly and John A. Hatcher, on the brief).

Richard A. Grossman argued the cause for respondent Community Medical Center (Grossman & Kruttschnitt, attorneys; Thomas J. Heavey, of counsel; Tama V. Baran, on the brief).

Before Judges KING, KEEFE and CONLEY.


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

This appeal by New Jersey Automatic Door, Inc. (NJAD) and cross-appeal by Community Medical Center, a/k/a Community Memorial Hospital (CMC) stems from the entry of a limited judgment in favor of NJAD against CMC based on an indemnification provision contained in a preventative maintenance contract. We reverse on NJAD's appeal and affirm on CMC's cross-appeal.

On March 29, 1990, plaintiff Sadie Dai, now...

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