RENA, INC. v. BRIEN


310 N.J. Super. 304 (1998)

RENA, INC. AND PETER TYRIS, PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. T.W. BRIEN, UNDERWRITERS AT LLOYD'S, LONDON, FOR HIMSELF AND ON BEHALF OF ALL OTHER UNDERWRITERS SUBSCRIBING TO POLICY NO. 91QKY046-699, DEFENDANTS/THIRD-PARTY PLAINTIFFS-APPELLANTS/CROSS-RESPONDENTS, v. GEORGE TYRIS, MICHAEL TYRIS AND PETER TYRIS, THIRD-PARTY DEFENDANTS-CROSS-APPELLANTS. FORKED RIVER HOUSE, INC., A NEW JERSEY CORPORATION, PLAINTIFF-INTERVENOR-RESPONDENT/CROSS-APPELLANT, v. RENA, INC., PETER TYRIS, GEORGE TYRIS, MICHAEL TYRIS, MYLA RESTAURANT INC., UNDERWRITERS AT LLOYD'S OF LONDON, QUAKER AGENCY INC., AND SHELDON, MATLACK, KNIPE ASSOCIATES, INC., DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1998.


Attorney(s) appearing for the Case

Lawrence A. Dugan (Morrison, Mahoney & Miller) of the Massachusetts bar, admitted pro hac vice, argued the cause for appellant/cross-respondent T.W. Brien, Underwriters at Lloyd's, London (Gennet, Kallmann, Antin & Robinson and Mr. Dugan, attorneys; Stanley W. Kallmann and Mr. Dugan on the brief).

Alan C. Milstein argued the cause for respondents/cross-appellants Rena, Inc. and Peter Tyris (Sherman, Silverstein, Kohl, Rose & Podolsky, attorneys; Mr. Milstein, on the brief).

Thomas P. Butz argued the cause for respondent/cross-appellant Forked River House, Inc. (Schuman, Butz & Babcock, attorneys; Mr. Butz on the brief).

Christopher P. Leise argued the cause for respondents/cross-appellants Sheldon, Matlack, Knipe Associates, Inc. (White and Williams, attorneys; Mr. Leise and Lynda M. Cicco on the brief).

Before Judges KEEFE, PAUL G. LEVY and WECKER.


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

This opinion addresses cross-appeals in A-3102 from two judgments granted at the end of all the evidence in this jury trial pursuant to R. 4:40.1 In the first part of this opinion, we address the appeal of T.W. Brien, Underwriters at Lloyd's, London (Lloyd's) from a judgment entered in favor of plaintiffs Rena, Inc. and Peter...

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