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BLATTERFEIN v. LARKEN ASSOCIATES

732 A.2d 555 (1999)

Lawrence BLATTERFEIN, Grace Blatterfein, Peter Bronsteen, Alissa Bronsteen, Thomas Degaglia, Joann Degaglia, Chris Shuster, Barbara Shuster, Nicholas Franzi and Brenda Franzi, Plaintiffs-Respondents, v. LARKEN ASSOCIATES, Lawrence W. Gardner, David B. Gardner, Carol L. Gardner, Kenneth Schwartz, Betty Jo Brechka, G.A.F. Corporation, Cool-O-Matic, Inc., Re/Max, Meyer & Depew Company, Arzee Supply Corporation, K & M General Contractors, M.A.K. Construction, KLM Zarillo Brothers Construction, Philips Concrete, Avenel Corporation, Finderne Excavating, Clayton Block, Arthur Mattes, Miron Lumber, J & M Flooring, Vicar Construction, Morris Lumber & Brick, Church Brick Company, Continental Decorators, Coastal Insulation, ATS Insulation, F.M. Rojeck, Matawan Building Supplies, Apollo Window and Door, Skylined Drywall, Munroe Electric, Cobra Plumbing and Heating, Peter Kocubinski, Steve White, Jim McCode, Fernando Bica, John Gregorio, G & P Construction, and Corbett Construction, Defendants, and Mark Yarrington, Defendant-Appellant, and The Blackstone Company, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1999.

Attorney(s) appearing for the Case

Bradley M. Wilson, for defendant-appellant Yarrington (Sachs, Maitlin, Fleming, Greene, Wilson & Marotte, attorneys; Mr. Wilson and Laura L. Milcsik, on the brief).

Glenn A. Bergenfield, Brunswick, for plaintiffs-respondents Blatterfein, Bronsteen, DeGaglia and Schuster (Mr. Bergenfield, on the brief).

Deborah I. Hollander, Lyndhurst, for plaintiffs-respondents Franzi (Sheak & Korzun, attorneys; Ms. Hollander and J. Charles Sheak, on the brief).

Gerald R. Della Torre, Waren, for defendant-respondent the Blackstone Company (Clemente, Dickson & Mueller, attorneys;

William F. Mueller, of counsel; Mr. Della Torre, on the brief).

No brief was filed by any other party.

Before Judges LONG, KESTIN and WEFING.

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

Defendant Mark Yarrington (Yarrington) appeals on leave granted from the trial court's order denying his motion for summary judgment. Defendant The Blackstone Company (Blackstone), nominally a respondent on appeal, whose own motion for leave to appeal was denied as untimely, supports Yarrington's position on issues of common concern. An untimely motion for leave to appeal filed by defendant Larken Associates...

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