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ALLIS-CHALMERS CORP. PRODUCT LIABILITY TRUST v. LIBERTY MUT. INS. CO.

305 N.J. Super. 550 (1997)

ALLIS-CHALMERS CORPORATION PRODUCT LIABILITY TRUST, PLAINTIFF-APPELLANT, v. LIBERTY MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT/CROSS-APPELLANT/DEFENDANT-THIRD PARTY PLAINTIFF, v. LEVINSON, AXELROD, WHEATON AND GRAYZEL, P.C., CROSS-RESPONDENT/THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 26, 1997.

Attorney(s) appearing for the Case

Kim M. Catullo argued the cause for appellant (Crummy, Del Deo, Dolan, Griffinger & Vecchione, P.C., attorneys; Philip W. Crawford and Ms. Catullo, on the brief).

Craig W. Miller argued the cause for defendant-respondent/cross-appellant/defendant-third party plaintiff (Gallo, Geffner, Fenster, P.C., attorneys; Mr. Miller, on the brief).

Kenneth Cohen argued the cause for cross-respondent/third-party plaintiff (Stevens & Minter, attorneys; Mr. Cohen, of counsel, and on the brief).

Before Judges SHEBELL, A.A. RODRIGUEZ and COBURN.

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

On March 29, 1990, Marisa Dalfonzo, the wife of the decedent, Peter Dalfonzo, filed a wrongful death action in the Law Division naming Foley Towlift, Inc., Lift Trucks, Inc., and Nichols Engineering & Research Co. as defendants. The complaint was subsequently amended to name Allis-Chalmers Corporation Product Liability Trust (Allis-Chalmers) and Kalmar A.C. Handling Systems, Inc., as additional defendants...

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