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COLONIAL SPEC. FOODS v. CTY. OF CAPE MAY

721 A.2d 748 (1999)

COLONIAL SPECIALTY FOODS, INC., a Corporation of New Jersey, d/b/a Haverford Food Corp., Plaintiff-Respondent, v. COUNTY OF CAPE MAY, Defendant/Third-Party Plaintiff-Appellant, v. AULFFO PAINTING, INC. and Cigna Property and Casualty Companies, Third-Party Defendants-Respondents, and Atlantic Fidelity & Surety Company, Star Brite Construction Company, Inc., American Bankers Insurance Company of Florida, B & M Construction and Restoration, Inc., National Union Fire Insurance Company, and North River Insurance Company, Third-party Defendants, AULFFO PAINTING, INC. and Atlantic Fidelity & Surety Company, Third-Party Defendants/Fourth-Party Plaintiffs, v. TRIPLE G. COATINGS, INC., Fourth-Party Defendant-Respondent, and STAR BRITE CONSTRUCTION COMPANY, INC., and American Bankers Insurance Company of Florida, Third-Party Defendants/Fifth-Party Plaintiffs, v. B & M CONSTRUCTION AND RESTORATION, INC., Fifth-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1999.

Attorney(s) appearing for the Case

Robert S. Sandman, Mays Landing, for defendant/third-party plaintiff-appellant County of Cape May (Hankin, Sandson, Sandman, Bradley & Palladino, attorneys; Mr. Sandman, on the brief).

James A. Waldron, Trenton, for plaintiff-respondent Colonial Specialty Foods, Inc. (Mr. Waldron, attorney; Mr. Waldron and Michael J. Donohue, Stone Harbor, on the brief).

James T. Dugan, Secaucus, appeared on behalf of third-party defendant-respondent Aulffo Painting, Inc. (Mr. Dugan and Joseph D. O'Neill, Vineland, attorneys; Mr. Dugan, on the brief).

William C. Mills, IV, Vineland, appeared on behalf of third-party defendant-respondent CIGNA Property & Casualty Companies (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys; Mr. Mills, on the brief).

Nicholas Kierniesky, Vineland, appeared on behalf of fourth-party defendant-respondent Triple G. Coatings, Inc. (Jay H. Greenblatt & Associates, attorneys).

Before Judges LONG, WEFING and CARCHMAN.

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

County of Cape May (Cape May) appeals, pursuant to leave granted, from an order entered by the trial court denying its motion to dismiss plaintiff's complaint with prejudice under R. 4:23-5(a)(2). We affirm.

Because of the narrow issue before us, it is unnecessary to set forth at length the nature of the underlying disputes between the parties. We note merely that plaintiff Colonial Specialty...

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