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ACCARDI v. ENVIRO-PAK SYSTEMS CO.

722 A.2d 578 (1999)

317 N.J. Super. 457

Joseph and Diane ACCARDI, Plaintiffs-Appellants, v. ENVIRO-PAK SYSTEMS COMPANY, INC., Defendant-Respondent, and Deco Maintenance Company, Inc., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 1999.

Attorney(s) appearing for the Case

Purcell, Reis, Shannon, Mulcahy & O'Neill, Bedminster, for plaintiffs-appellants (Kevin Kovacs, of counsel and on the brief).

Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, for defendant-respondent (James B. Moran, of counsel and on the brief).

Before Judges LONG, KESTIN and CARCHMAN.

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

Plaintiff Joseph Accardi, an employee of Rapid Disposal, Inc. (Rapid), was injured when struck by the door of a dumpster he was storing on land owned by defendant Enviro-Pak Systems Company, Inc. (Enviro).1 At the conclusion of the evidence, defendant moved for judgment, R. 4:40-1. The trial judge, relying on Majestic Realty Associates. v. Toti Contracting Co.,

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