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BENEVENGA v. DIGREGORIO

737 A.2d 696 (1999)

325 N.J. Super. 27

Gino BENEVENGA, Al Major and Boietes, Inc., a Corporation of the State of New Jersey, t/a The Bayshore Club, Plaintiffs-Respondents/Cross-Appellants, v. Dominic DIGREGORIO, Intervening Plaintiff, v. Security Indemnity Insurance Company, a Corporation of the State of New Jersey, Dining Car Agency, a Corporation of the State of New Jersey and Speciality Insurance Agency, a Corporation of the State of New Jersey, Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1999.

Attorney(s) appearing for the Case

Douglas M. Calhoun, Spring Lake Heights, for defendants-appellants/cross-respondents Security Indemnity Insurance Company and Specialty Insurance Agency, Inc. (Calhoun & Tice, attorneys; Mr. Calhoun, of counsel and on the brief).

Michael F. Chazkel, Brunswick, for plaintiffs-respondents/cross-appellants (Chazkel & Associates, attorneys; Mr. Chazkel and Thomas A. Chaseman, on the brief).

Before Judges KLEINER, PAUL G. LEVY and CARCHMAN.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

In 1991, plaintiffs purchased a waterfront restaurant in Union Beach for $250,000 ($225,000 for restaurant; $25,000 for liquor license). The restaurant was built partly on land and partly on pilings. During a severe wind and rain storm in December 1992, the back part of the restaurant and its supporting pilings collapsed, and the business was totally destroyed. Shortly before the storm, plaintiffs had...

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